Your Rights

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INFORMATION FOUND ON bankrate.com

"Your rights under the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act was passed in 1977 to protect consumers from abusive debt collectors. Here's a closer look at the rules a third-party debt collector must follow when collecting a debt.Contacting a debtor. 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.

Contacting a third party about your debt. If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people but only to find out where you live, what your phone number is and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.Giving written notice.

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.

When a consumer doesn't owe the money. A collector may not contact you if within 30 days after you receive the written notice 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.No harassment.

Debt collectors may not harass, oppress or abuse you or any third party they contact.Debt collectors may not:·Threaten violence or harm.· Use obscene or profane language. · Repeatedly use the telephone to annoy someone.

No lying.Debt collectors may not use any false or misleading statements when collecting a debt.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. · 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.· Use a false name.

Debt collectors 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 when such action legally may not be taken or when they do not intend to take such action. No unfair practices.A debt collector may not engage in unfair practices when they try to collect a debt from you.Debt collectors may not: · Collect any amount greater than your debt, unless your state law permits such a charge.· Deposit a postdated 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. Source: Fair Debt Collection, a brochure for consumers from the Federal Trade Commission."

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It would be easier to deal with them.

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10 ways to fight back against a debt collector
By Lucy Lazarony • Bankrate.com

Hang up. A debt collector has no right to threaten, harass or insult you. If they do, hang up the phone.

"If you can't do it right now, you can't do it right now," says Samantha Spragg, a former debt collector in West St. Paul, Minn. "Don't even argue with people. Just hang up."

Prioritize your bills. No matter what a debt collector says, an unpaid credit card bill is not the most important bill you have to pay this month. Providing necessities for your family comes first. Bankrate.com has 16 rules will help you prioritize your debts.

Learn your rights. When collecting a debt from you, a debt collector must play fair. For details, check out the consumer brochure on fair debt collection from the Federal Trade Commission.

Many states have their own debt collection laws. For more information, contact the attorney general's office in your state.





Ask for a supervisor. Request that you speak to a manager or supervisor at the debt collection company. Make it clear that you understand your rights under the Fair Debt Collection Practices Act and you want the abuse to stop.

"You don't threaten the smart ones. You pick and choose your victims for lack of a better term," says Michael Flannagan, a former debt collection supervisor in Tacoma, Wash. "We rely on the ignorance of the debtor."

Contact an attorney.
Once you have an attorney, a debt collector must contact the attorney, rather than you. An attorney may be able to answer questions regarding your rights under the Fair Debt Collection Practices Act and specific debt collection laws in your state. To find an attorney near you, visit the Web site of the National Association of Consumer Advocates and search for an attorney with expertise in debt collection in your area.

Get proof.
If a debt collector is breaking the law and harassing you, you'll need evidence.

"If it's legal in your state, you can tape the conversation," says Steve Tripoli, a consumer advocate with the National Consumer Law Center.

Thirty-five states and the District of Columbia allow you to secretly tape your phone conversations.

You'll also want to keep a paper trail. File all collection letters and keep detailed notes of collection calls. Note the day and time of each call, the name of the collection agency, the first and last name of the caller and what was said.

Stop contact.
The Fair Debt Collection Practices Act gives you the right to cease contact with a debt collector. You can stop a debt collector from contacting you by writing a letter to the collector and telling them to stop.

A phone call won't work.
"If they said 'Don't call anymore,' we'd set it up for the next day to call," Spragg says.

It's a good idea to send the letter certified mail, so you'll have proof that the debt collector received it. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Sending a letter to a collector will not make a debt go away if you owe the money. The debt collector or your original creditor may still sue you.

If you don't owe the money, dispute the debt
A debt collector must send you written notice telling you the amount of money you owe and the name of the creditor. If within 30 days of receiving this notice you send a debt collector a letter stating you do not owe the money, a debt collector may not contact you. It's a good idea to send this letter certified mail, so you'll have proof that the debt collector received it. A collector could renew collection activities if proof of the debt, such as a copy of a bill, is sent to you.


Looking for a better credit card? Check rates in your area.


File complaints.
Report debt collection problems and abuse to your state attorney general's office and the Federal Trade Commission.

You can also report a debt collector to the Better Business Bureau.

Sue.
If a debt collector has violated the law, you have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees also may be recovered. A group of people may sue a debt collector and recover money for damages up to $500,000, or 1 percent of the collector's net worth, whichever is less.

Sources: National Consumer Law Center and Fair Debt Collection, a brochure for consumers from the Federal Trade Commission.

Another way to keep debt collectors from harassing you is to pay your bills.