Rules that the debt collection agency must follow
64Tired of being harassed
Are you tired of being harassed by collection agency. Are they calling you at all hours of the day and night. You have rights and the collection agency has rules that they have to follow in order to collect a debt.
Rules that debt collectors must follow
- The debt collector can’t harass or abuse you or anyone you know in order to collect debt.
- Is the debt collector telling you the truth? If he or she isn’t then they are breaking the law.
- If you have an attorney then the debt collector has to contact the attorney not you. The only information that the debt collector can ask a third party is your address, phone number or where you work.
- A debt collector can’t call you at all hours of the day and night. Their window of opportunity to call is between 8 a.m. and 9 p.m.
- A debt collector in order to contact you can phone, send a letter or send a fax.
-
What if the debt collector threatens to garnish my wages? In order to garnish wages there must be a court order.
Where do you register a complaint
If you think that the debt collector has violated your rights you can report them to the state attorney office or the FTC. You can also sue the debt collector.
 | Amazon Price: $1.31 List Price: $16.95 |
 | Amazon Price: $16.95 |
 | Amazon Price: $7.37 List Price: $15.00 |
 | Amazon Price: $2.48 List Price: $16.95 |
CommentsLoading...
Wonderful hub with a lot of helpful information. I think everyone will be better off from reading this hub.
Thanks for the comment!
From a collection agency owner's standpoint (just being friendly :) -
1) Debtors claim the first call is harassment 50% of the time. 75% of the time the claim the 2nd call is harassment.
2) 90% of all debtors I speak to lie in every conversation. A strong collectors notes the lie, but doesn't call them out on it especially when the person switches their story. Too bad there's no consequences for the debtor being dishonest.
3) Unfortunately most debtors claim they have an attorney but don't give the collector any of they attorney's information, then slam down the phone. Then when the collector calls back, either the collector will get tons of abusive language or their name or agency's name tarnished online... or both.
4) Exactly and just to specify, that's 8am - 9pm the debtor's time, not the collectors. However, their is a stipulation. If the collector know the debtor is working 3rd shift hours and calls the debtor at 1am at work, that is acceptable. Or if they can previous permission from a debtor to call at 10pm, that is acceptable too.
5) This one isn't completely accurate. The collector cannot send a random fax without the debtors permission is it could easily be seen by a "3rd party". When a fax comes in, anyone can pick it up and will have to read the contents to see whom it is for.
However an email is acceptable as courts have ruled that since the debtor is typically the only one that reads their own email, there is little chance a 3rd party will see it.
6) This is accurate unless the debt is a federal student loan, then no court order is needed. However having worked for collection law firms for a number of years, debts are frequently sued on and garnishment orders, liens, and levies are common place. However, some collectors just threaten it without the intent to sue which is illegal.
Hope this helps.
Eric www.afsllp.com
katiem2 2 years ago
I know some folks who will benefit from this. Peace :)