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Home arrow Featured arrow Know Your Debt Collection Rights
Know Your Debt Collection Rights
Know Your Debt Collection Rights

In an economy where unemployment is on the rise, it would appear the collection industry is experiencing a boom in business.  Like many things in life when one segment is thriving others are struggling to survive.  This is certainly the case when it comes to debt collectors and cash strapped consumers trying to make ends meet.  If you took a survey and asked 100 people how to deal with collection calls you would likely get a mixed response.  For individuals who have not yet experienced the fear, stress and humiliation of falling behind on their bills the answer would simply be “pay your bills”.  The fact remains that most people who are currently dealing with the sometimes heavy handed tactics of debt collectors did not choose to default on their obligations.  Most people want to pay their bills and find themselves in a position where they simply don't have enough resources to go around.  If you fall in the latter category it is important to know your rights and what to expect  from a collection agency.

What Can Debt Collectors Do?
The first thing you must understand is the fact that an original lender or collection agency has the right to contact you in an attempt to collect payment for an unpaid debt.  They may contact you in person, by mail or by telephone.  They may contact you at work unless or until they are notified that your employer disapproves of such contact. 

What Is Not Allowed?
The Fair Debt Collections Practices Act regulates debt collection companies.  The following list describes things that debt collectors are not allowed to do in an attempt to collect debt.  Keep in mind the FDCPA applies to debt collection agencies only; it does not regulate the original creditor.

  • Debt collectors are prohibited from discussing the nature of their call with anyone other than yourself or your attorney.  This means they should not discuss your debt or monies owed to your mother, your neighbor or the receptionist at your place of employment. 
  • You may be contacted between the hours of 8 a.m. and 9 p.m. only.  Debt collectors are prohibited from contacting you at inconvenient times unless you agree to times other than those stated.
  • Debt collectors are not allowed to use threats or obscene language.
  • Publication of debts owed beyond reporting to the credit bureaus is no allowed.
  • Debt collectors must identify themselves; misrepresentation (claiming to be an attorney or government official) is prohibited. 
  • They may not threaten legal action; claim documents are legal forms or otherwise threaten you with actions unless such actions are intended.

If you are dealing with an unpaid debt and feel overwhelmed by your financial situation and calls from bill collectors you need to become familiar with the FDCPA to ensure your rights are protected.  If you haven't already developed a plan or strategy to tackle your debt issues you should know that collection tactics will likely only become more aggressive possibly leading to legal action.  It may be time to seek professional help to get your debt under control once and for all.

 
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