Debt Negotiators Online

A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.  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.

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not collect any amount greater than your debt, unless your state law permits such a charge, deposit a post dated 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 or contact you by postcard.

They may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not use threats of violence or harm, publish a list of consumers who refuse to pay their debts (except to a credit bureau), use obscene or profane language; or repeatedly use the telephone to annoy someone.

Debt collectors also may not use any false or misleading statements when collecting a debt. For example, debt collectors may not falsely imply that they are attorneys or government representatives, falsely imply that you have committed a crime, falsely represent that they operate or work for a credit bureau, misrepresent the amount of your debt, indicate that papers being sent to you are legal forms when they are not or indicate that papers being sent to you are not legal forms when they are.

Debt collectors also 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, or 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.  Debt collectors may not give false credit information about you to anyone, including a credit bureau, send you anything that looks like an official document from a court or government agency when it is not; or use a false name.

If you know that you owe the debt that they are trying to collect on, work with the debt collector the best you can.  If you believe that the debt collector has violated the law should work up his/her chain of command.  If you do not get anywhere with that you can report the debt collector to your state Attorney General’s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’s office can help you determine your rights.  But remember even if they have broken the law, this is a separate issue than the debt you owe.  This means that you are still responsible for the original debt.

Filed under: debt collection