Debt Collection Q & A

Collection Agencies, Debt Collectors, Credit Disputes & Your Rights
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector." You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly by prohibiting certain methods of debt collection. Of course, the law does not forgive any legitimate debt you owe. Below are answers to commonly asked questions about your rights under the Fair Debt Collection Practices Act. http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=97797628825+0+0+0&WAISaction=retrieve   

What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector or collection agency?
A debt collector is any person or agency, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fair Debt Collection Practices Act, this also includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?
A collector or agency may contact you in person, by mail, telephone, telegram, or FAX. However, a debt collector may not contact you at unreasonable 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.

Can you stop a debt collector from contacting you?
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action. See sample token payment letter that may be used to notify without token payment.

May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, but only to find out where you live and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?

Harassment. Debt collectors may not harass, oppress, or abuse anyone. For example, debt collectors may not: use threats of violence or harm against the person, property, or reputation; publish a list of consumers who refuse to pay their debts (except to a credit bureau); use obscene or profane language; repeatedly use the telephone to annoy someone;telephone people without identifying themselves;

advertise your debt.

False statements Debt collectors may not use any false 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; misrepresent the involvement of an attorney in collecting a debt; indicate that papers being sent to you are legal forms when they are not; 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; actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors may not:

give false credit information about you to anyone;

send you anything that looks like an official document from a court or government agency when it is not;

use a false name.

Unfair practices. 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 allowed by law; deposit a post-dated check prematurely; make you accept collect calls or pay for telegrams; take or threaten to take your property unless this can be done legally; contact you by postcard.

What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damages you suffered. Court costs and attorneys fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collectors net worth, whichever is less.

After you have retained professional help you can use following:

CREDITOR CALL LOG

1. DO NOT discuss any financial arrangements

If a creditor calls, take a moment and grab this log & a pen.

      3. Ask for the information below ONLY. If they refuse and get hostile, HANG UP!

       Creditor/Collection Agency Name ___________________

       Representative Name (First & Last)__________________

   Phone # & ext_______________________________      

   Fax Number_____________________________________

       Account reference #________________________

       Date of call___________ Time of call______________ Notes/Comments________________________________________________
        ______________________________________________________________
       4. Refer creditor to agency and tell them they are handling this account and simply hang up.

       5. Do not accept calls from any creditor more than once.

       6. Do no return calls or messages to creditors.

       7. Keep this information for your records.

ATTENTION:

Collections or Consumers Credit Counseling Dept.

TOKEN PAYMENT

Client Enrolled in Credit Counseling Program

__________________________ Creditor Name

______________________________________________

                                                         Address

_______________________________________________

                                                         City                                               State             zip

Dear Creditor:

Enclosed is a token payment of $20 toward my debt. Due to circumstance beyond my control, this is the amount I can send this month.

Consequently, I have undertaken a credit counsel program rather than seek relief through bankruptcy. 

I assure you that I am making a sincere attempt to put my financial affairs in order and hope that you will give me the same consideration as you would a consumer credit counseling agency.

___________________________________   

           Print Name              Date

______________________________________________________________               Signature                                                                                                                               Account Number_________________________________   _________________________________________________

                Spouse’s Signature

                                                                                                           Payment Amount ___________