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Debt Collection Laws and Practices |
 You have certain laws on your side as one who owes money to creditors. These laws are valuable because they help maintain a level playing field between you and the creditors.
The bad news is that there are a lot of companies that break these laws everyday and get away with it. Most people are not going to pursue legal means to punish debt collectors because it is too time consuming and the money gained is not that great. Plus, it does not eliminate your debt that you owe and are legally bound to pay.
You need to equip yourself with information so that you know what your rights are and how to deal with debt collectors when they call. You are protected by law against the following practices.
Harassing phone calls. You have a right to keep from being harassed in any way by debt collectors. Not only are they to cease calling you if you send them a cease and desist letter, but they also cannot send you post cards or other threatening letters about your debt.
Publishing your name in public. This includes publishing your name on a public forum like the Internet via social networking sites like Facebook.com, etc. They cannot print your name in any materials for any purpose at all.
Misrepresentation. One of the most egregious activities by debt collectors is in saying that they are attorneys or are calling from an attorney office if they are not. Also, they have been known to call as government representatives for the purpose of scaring you into making payments. If they try to get you to think that they are anything other than what they are – debt collectors – then they are performing an illegal act.
Collection of any other amount but what is owed. You owe what the original balances are on the accounts, and no more. If they attempt to collect more than this, then they are in violation of federal laws.
Make false statements on government laws. Trying to get you to think that you are in violation of federal or state laws that do not apply to you is also an illegal act. They cannot make these types of statement just to coerce you into making a payment. You have the right to take a debt collector to federal court within 12 months if your rights have been infringed upon. If you win your case, you can recover money for all damages that you have suffered including all court costs and attorney fees.
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