| To gain control in any situation, your | | | | like fashion that you owe money. |
| understanding of the basics of the law will help | | | | E. You have the right to accurate information |
| you greatly. It's no different in dealing with the | | | | about alleged debts you owe |
| uncomfortable calls from debt collectors. | | | | Mistakes are made; at times you may be |
| The collection agencies are regulated by the | | | | contacted for debts which you do not owe. Be |
| Federal Trade Commission under the Fair Debt | | | | sure to verify each debt as accurate. Debt |
| Collection Practices Act. Filed consumer complaints | | | | collection agencies cannot claim that you owe |
| with the FTC against collections companies rank | | | | more than you do. Be sure about how much you |
| among the highest volume of abuses filed in the | | | | allegedly owe. Often, they will tell you that you'll |
| nation. The epic proportions of the volume of | | | | be arrested or have your salary garnished for not |
| complaints suggest that there is widespread | | | | paying them, this is patently untrue in every |
| abuse taking place by the collections agencies. | | | | circumstance unless they have already presented |
| Here are a few basics that you should know: | | | | you with a legal summons, taken you to court |
| A. You have the right to know who you are | | | | and gotten a judgment against you. |
| speaking with | | | | F. You have the right to dispute the amount |
| One of the collector's favorite tricks is to imply or | | | | owed if it is incorrect |
| hint that they are either a lawyer or a law | | | | The debt collector calls should inform you of how |
| enforcement agent who is on their way to your | | | | much is owed, they should be able to verify from |
| house with a Sheriff to arrest you if you don't | | | | whom they purchased the right to collect on the |
| make a payment immediately. This is a blatant | | | | debt. Take down their name, company and |
| violation of the law, and you should report them | | | | address and write them a letter stating that you |
| to the FTC. A debt collector must identify | | | | are refusing to pay the debt, at that time they |
| themselves to you as a debt collections agent. | | | | are obligated to stop attempting to collect this |
| B. You have the right to a civil conversation | | | | from you. Beware! If the debt amount is high |
| Many people consider some of these civil | | | | enough, your refusal to pay may in time trigger a |
| conversation laws subjective and certainly | | | | legal action against you to attempt to force you |
| everyone has a different tolerance to abusive | | | | to pay. If a debt goes unpaid for a length of time |
| conversations. In general collections agents are | | | | and no action is taken against you, up until the |
| not allowed to threaten your safety call you | | | | statute of limitations in your state has passed, be |
| names or use curse words towards you. They | | | | aware that your debt may be sold off again to |
| are not allowed to call you repeatedly, or call you | | | | yet another collection agency. Once the statute |
| during the middle of the night. Nonetheless, literally | | | | of limitations has passed in your state on any |
| tens of thousands of complaints are filed against | | | | debt and a debt collection agency contacts you |
| the debt collectors with the FTC for violations of | | | | on that date, you can use the line from the |
| these key consumer rights. If you are being | | | | Wizard of Oz, when Glenda the Good Witch tells |
| abused, threatened or fear for your safety you | | | | the Wicked Witch of the East, "Be gone! You |
| should report the collection agency to the FTC, | | | | have no power here". |
| and also send them written notice to stop. Keep a | | | | If a debt collector is breaking these simple rules |
| copy of all letters, voice mails, and contacts. | | | | and is being abusive then demand to speak to a |
| C. You have the right to be called at an hour of | | | | supervisor. Once you are speaking with a person |
| the day when you can speak | | | | of authority, clearly tell them that you intend to |
| The Fair Debt Collection Practices Act stipulates | | | | take the case to the Federal Trade Commission, |
| that you may be contacted between 8 a.m. and | | | | your state's attorney, and the Better Business |
| 9 p.m. of your local time. | | | | Bureau. It is sometimes time consuming and a |
| D. You have the right to privacy | | | | hassle, but be sure to again save all voice mails |
| Surprisingly, a third-party collector does have the | | | | and letters, and take detailed notes about who |
| right to call your family, or neighbors to determine | | | | called when and how often and what they said. |
| where you are residing. Know that on the other | | | | People are winning lawsuits against the collection |
| hand they are not allowed to use those people to | | | | agencies every month if they have an accurate |
| pressure or bully you or to tell them in a gossip | | | | log of abusive tactics. |