What Can A Debt Collector Legally Do?

If you are having credit troubles, it's important to know what creditors and collection agencies may and may not do to collect debts.

The state Consumer Protection Act prohibits some debt collection practices. When dealing right with you, creditors and collection agencies may not:

Call you more than twice for every debt in every 7 day period at home, or call you more than twice for each debt in each thirty day period at someplace apart from your home.

Contact you without identifying both the name of the creditor and the name of the person calling.

Call you at times other than your normal waking hours. If your waking hours are not known, then the creditor or collector may only contact you between 8:00 a.m. and 9:00 p.m.

Visit your house at times other than those mentioned above. A collector can't go to a lot more than once in any 30 day period for every debt, except if you grant permission for additional visits.

Cause you to be charged for long distance calls (or other similar costs)

Contact you at your workplace if you requested that they not call. Your oral request is valid for just 10 days, unless you confirm it in writing within 7 days of making the request. Written request are valid until you write to the collector removing the restriction.

Contact you directly, when you have told the creditor or collection agency to just make contact with your attorney.

Falsely threaten to take legal action.

Make use of profane or obscene language.

Furthermore, creditors and collection agencies might not

Tell anyone (including friends, neighbors, relatives, or employers) regarding your debt.

Send collection notices in a way that openly indicates or implies that you owe a debt (for instance, utilizing postcards or descriptive return addresses.)

Federal law offers some extra protections against debt collection agencies. (This law doesn't apply to creditors):

Collectors must verify your debt. Collectors must cease calling you if, within 30 days right after you're first contacted, you send the agency a letter indicating that you do not owe the debt. They can only renew their collection activities if you are sent proof of the debt.

You might stop a debt collector from calling you. Write a letter to the collector telling them to stop contacting you. As soon as the collection agency receives your letter, they might not contact you once more except to say there will be no further contact. They also might call you to tell you if they're planning to take some specific action, such as suing you.

by: Mia Copperhead

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