People behind on payments often find themselves badgered by unscrupulous debt collectors. For many people in these economic times, there is a sense of dread as they head to the mailbox or hear their phone ring, knowing that debt collectors are trying to collect money.
As people struggle financially these days, it’s becoming common to fall behind on debt payments. Anyone who has missed mortgage payments, or has overdue bills, might hear from a debt collector soon, if they haven’t already.
It’s important to know what your legal rights are as a consumer and what debt collectors are allowed to do and what they legally cannot do. Consumers are protected by the federal Fair Debt Collection Practices Act. It doesn’t remove legitimate debts, but it does require debt collectors to treat everyone fairly.
In summary, the Fair Debt Collection Practices Act allows a debt collector to contact you in person, by phone, fax or mail, but they cannot call you at work if you ask, either verbally or in writing. The debt collector cannot contact you at times and places that are inconvenient, unless you say it’s okay. They cannot, for instance, call you before 8 a.m. or after 9 p.m.
If you want all contact stopped, all you have to do is write a letter to the debt collector and ask them to not contact you again. After you send the letter, the collector is no longer allowed to communicate with you, except to say that there will be no additional contact or to let you know that they’re taking a specific action, such as filing a lawsuit. Sending the letter doesn’t get rid of the debt, but it does stop the contact. The creditor or the debt collector can still sue you to collect the debt.
If you have hired an attorney, the debt collector is required to contact the attorney, instead of calling or visiting you. If you do not have an attorney, the collector can call others to find out your address, phone number, and where you work, but they cannot tell anyone that they’re collecting an overdue debt. They can only tell you, your spouse and your attorney, if you have one, about the past due debt.
Within five days of the first time the debt collector contacts you, the Fair Debt Collection Practices Act states that they are required to send you written notice that details the amount of money you owe, as well as the name of the creditor and what you can do if you don’t believe the debt is correct. If you write to the collection agency within 30 days of when they sent the written notice to you, then the debt collector cannot contact you again until they send you proof of the debt.
The bottom line is that debt collectors are not allowed to harass you or use abusive or harassing language in order to collect a debt. They are not allowed to make false or misleading statements, either. If you think a debt collector has violated the Fair Debt Collections Practices Act, then report them to your state’s Attorney General’s office and the Federal Trade Commission. You have the right to sue the collector in state or federal court within one year from the date the law was violated. If you win in court, the collector can be required to pay you for any damages, such as lost wages or medical bills. The judge can also require the debt collector to pay you up to $1,000, even if you didn’t suffer actual damages. You can also be reimbursed for your attorney’s fees and court costs, all as part of the Fair Debt Collection Practices Act.
If you are being contacted by creditors and owe more than $10,000 in unsecured debt, a debt settlement program with Fast Track Debt Relief can help you to become debt free in 12 to 36 months. With Fast Track’s debt settlement program, you can cut the total amount of debt you owe by 40 to 60% and make lower monthly payments to help you save extra cash in the meantime.
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