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Things Bill Collectors Will Never Say
Debt collectors will try to dampen your holidays. Don't let them. Learn more how to deal with collection agencies and how to maintain your holiday spirit.
December 17, 2011 /Banking and Financial PR News/ -- Many toiling in debt have to deal with unscrupulous debt collectors who stop at nothing to intimidate people into paying past due bills. Last year, the Federal Trade Commission received 140,036 complaints regarding debt collectors, which accounted for 27% of all complaints the agency received. Of those complaints, almost half alleged harassment, and 20 percent of consumers complained about abusive language and threats of violence.
Creditors will say a lot to get people to pay up. However, there are several things they will never say, which actually support a consumer's rights under the Fair Debt Collection Practices Act (FDCPA). This article will highlight some of those statements and explain how consumers can protect themselves.
A letter will stop our phone calls - Consumers besieged by phone calls can stop them by sending a letter asking creditors to cease all telephone communication. Federal law requires debt collectors to comply with written requests. In fact, money damages can be awarded if a collection agency continues to call after such a letter has been sent. Further, debt collectors may not contact you if you are represented by an attorney.
Creditors may then notify the consumer (in writing, of course) that there will be no further contact, or that they plan to file a lawsuit to collect the debt. Whatever action the creditor chooses to take, the annoying phone calls will stop.
If you tell us not to call you at work, we can't call there anymore - Consumers can also tell debt collectors not to call them at their place of employment. This is especially important for workplaces that limit the number of personal calls an employee may take or initiate.
You should really verify what you owe - You are allowed to know how much you owe, how the debt accumulated, and whether the amount claimed is actually correct. With that said, the creditor is required to provide written verification of the debt. Consumers may use such information to verify whether the debt is valid. It is not uncommon for collection companies to collect on debts that have already been paid, or that are no longer valid.
We're not supposed to threaten you - Federal law forbids collectors from threatening violence, using profanity or threatening to arrest you for not paying a debt. Creditors also may not threaten to sue or garnish your wages simply to obtain payment. Simply put, abusive language or threats of legal action should not be tolerated.
State law may limit our actions as well - While federal law applies to all debt collectors in the U.S., California has a stronger statute, the Rosenthal Fair Debt Collection Practices Act, which applies to original creditors and debt collectors collecting a debt for someone else.
While the preceding is not intended to be legal advice, you can stand up to threatening creditors by following these tips. Nevertheless, you do have rights. Contact an attorney if you believe a debt collector is violating the law, or if you would like to discuss solutions to resolving your debt problems.
Article provided by Weintraub & Selth, A Professional Corporation
Visit us at www.wsrlaw.net
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