Debt Collectors and the Law - Know Your Rights

To gain control in any situation, yourlike fashion that you owe money.
understanding of the basics of the law will helpE. You have the right to accurate information
you greatly. It's no different in dealing with theabout alleged debts you owe
uncomfortable calls from debt collectors.Mistakes are made; at times you may be
The collection agencies are regulated by thecontacted for debts which you do not owe. Be
Federal Trade Commission under the Fair Debtsure to verify each debt as accurate. Debt
Collection Practices Act. Filed consumer complaintscollection agencies cannot claim that you owe
with the FTC against collections companies rankmore than you do. Be sure about how much you
among the highest volume of abuses filed in theallegedly owe. Often, they will tell you that you'll
nation. The epic proportions of the volume ofbe arrested or have your salary garnished for not
complaints suggest that there is widespreadpaying 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 areand gotten a judgment against you.
speaking withF. You have the right to dispute the amount
One of the collector's favorite tricks is to imply orowed if it is incorrect
hint that they are either a lawyer or a lawThe debt collector calls should inform you of how
enforcement agent who is on their way to yourmuch is owed, they should be able to verify from
house with a Sheriff to arrest you if you don'twhom they purchased the right to collect on the
make a payment immediately. This is a blatantdebt. Take down their name, company and
violation of the law, and you should report themaddress and write them a letter stating that you
to the FTC. A debt collector must identifyare 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 conversationfrom you. Beware! If the debt amount is high
Many people consider some of these civilenough, your refusal to pay may in time trigger a
conversation laws subjective and certainlylegal action against you to attempt to force you
everyone has a different tolerance to abusiveto pay. If a debt goes unpaid for a length of time
conversations. In general collections agents areand no action is taken against you, up until the
not allowed to threaten your safety call youstatute of limitations in your state has passed, be
names or use curse words towards you. Theyaware that your debt may be sold off again to
are not allowed to call you repeatedly, or call youyet another collection agency. Once the statute
during the middle of the night. Nonetheless, literallyof limitations has passed in your state on any
tens of thousands of complaints are filed againstdebt and a debt collection agency contacts you
the debt collectors with the FTC for violations ofon that date, you can use the line from the
these key consumer rights. If you are beingWizard of Oz, when Glenda the Good Witch tells
abused, threatened or fear for your safety youthe 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 aIf 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 ofsupervisor. Once you are speaking with a person
the day when you can speakof authority, clearly tell them that you intend to
The Fair Debt Collection Practices Act stipulatestake the case to the Federal Trade Commission,
that you may be contacted between 8 a.m. andyour 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 privacyhassle, but be sure to again save all voice mails
Surprisingly, a third-party collector does have theand letters, and take detailed notes about who
right to call your family, or neighbors to determinecalled when and how often and what they said.
where you are residing. Know that on the otherPeople are winning lawsuits against the collection
hand they are not allowed to use those people toagencies every month if they have an accurate
pressure or bully you or to tell them in a gossiplog of abusive tactics.