Debt Collectors

If you fall behind in repaying your creditors you may be contacted by a "debt collector." A debt collector is any person, other than the creditor, who regularly collects debts owed to others. You should know that the Fair Debt Collection Practices Act requires that debt collectors treat you fairly. Under a 1986 amendment to the Fair Debt Collection Practices Act, this includes attorneys who collect debts on a regular basis.

The Fair Debt Collection Practices Act was passed by Congress in response to abusive conduct by collection agencies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protection for debtors.

Can Collectors contact you?
A collector may contact you in person, by mail, telephone, telegram or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can Collectors contact family, friends or work-place?
A Collector may not contact anyone else to discuss the Debt with them. Collectors may contact other people, one time only, to find out where you live, work and what your phone number is.

What should a Debt Collector tell you about the Debt?

The Collector has 5 days after the first contact with you to:

• Notify you in writing that you owe the Creditor money;
• Notify you of your right to dispute the Debt.

The written notice must include:

• Amount of the Debt;
• Name of the Creditor;
• Your right to dispute, all or part of, the Debt, in writing, within 30 days of you receiving the notice.

Debt collectors may not state that:

• You will be arrested if you do not pay your debt.
• They will seize, garnish, attach or sell your property or wages unless the collection agency or creditor intends to do so and it is legal to do so.
• Actions, such as a lawsuit, will be taken against you when such action legally may not be taken or when they do not intend to take such action.

No unfair practices.
A debt collector may not engage in unfair practices when they try to collect a debt from you.

Debt collectors may not:

• Collect any amount greater than your debt, unless your state law permits such a charge.
• Deposit a postdated check prematurely.
• Use deception to make you accept collect calls or pay for telegrams.
• Take or threaten to take your property unless this can be done legally.

No harassment.
Debt collectors may not harass, oppress or abuse you or any third party they contact.