If you’ve ever let your credit card or any other bills fall behind, you were probably contacted by a debt collection agency for payment. These collections agencies are nothing short of a nuisance and stop at almost nothing to get payment. Fortunately, consumers have rights when it comes to debt collectors. Taking advantage of these rights is just a matter of knowing them.
Note that these details apply to third-party debt collectors that are hired by businesses to collect a debt. They do not apply to in-house collectors that work for your credit card issuer.
When Can Debt Collectors Call?
Debt collectors primarily use telephone to contact you to pay your debt. It seems like the calls come at the most inconvenient times. By law, debt collectors can call anytime between 8 a.m. and 9 p.m. your local time. They can’t call you while you’re at work at any time if you let them know your employer doesn’t approve of the calls.
Debt collectors aren’t allowed to call you at any time that they know or should know is inconvenient. If you receive a call from a collector at a time that’s not convenient, just let them know that time doesn’t work from you. They’ll likely ask when is a better time, so be prepared for that question.
How To Stop Debt Collector Calls Completely
You have the right to ask a debt collector to stop calling you all together. To stop debt collector calls, all you need to do is send a written letter asking them to stop contacting you about the debt. As with all other correspondence you send to credit-related businesses, you should send this letter via certified mail with return receipt requested. Keep a copy of the letter for your records.
After you send this letter requesting the debt collector to stop calling you, they’re allowed to contact you one final time to let you know that either they will stop trying to collect the debt, they may take certain actions in the future, or that they are definitely going to take certain actions in the future.
What If It’s Not My Debt?
Debt collectors have been known to contact consumers about debts that do not belong to them. Sometimes this is deliberate. Sometimes it’s a mistake. If a debt collector calls you about a debt that’s not yours, but is in your name, you can have them send proof of the debt.
The process through which you request proof of a debt collection is called debt validation and must be done within the first 30 days that you’re contacted by a debt collector. The debt collector is supposed to send a letter to you within five days of its first contact letting you know about your right to have the debt validated.
To have the debt verified or validated by the collection agency, all you need to do is write a letter (within the first 30 days) stating you do not believe the debt is yours and request the collector send proof the debt is yours. Not only that, you can request proof that the collector is authorized to collect the debt.
While the debt is in dispute, the debt collector can’t contact you about the debt. It’s also prohibited from including the debt on your credit report.
If you wait past the first 30 days to dispute your debt collection, the debt collector doesn’t have a legal obligation to provide you with the proof you request. It can continue collecting the debt including, but not limited to, calling you and listing the debt on your credit report.
What Things Are Debt Collectors Not Allowed to Do
Debt collectors must follow the Fair Debt Collection Practices Act, FDCPA, when they’re collecting a debt from you.
- They can’t charge you more than you owe and can’t charge interest and fees that aren’t allowed by law.
- They can’t harass you by calling repeatedly, using obscene or profane language, or call you at times that are inconvenient for you.
- They can’t threaten to use violence against you nor can they threaten to take any action they can’t or won’t take. For example, they can’t threaten to have you arrested for a debt.
- They can’t call you at work after they’ve been told your employer doesn’t approve.
- They must send a debt validation notice and must comply with the request for validation as long as it’s sent within the first 30 days of the collector’s initial contact.
- They can’t continue contacting you after you’ve sent a written request to that they no longer contact you.
What About Collectors Who Break the Law?
If a debt collector violates your rights under the FDCPA, you can report them to the Federal Trade Commission, which is the Federal agency who regulates debt collectors. You can also report the agency to your state Attorney General who is also responsible for overseeing the collection agency at the state level. Finally, you can file a civil suit in your state or federal court. The amount of the suit can be $1,000 plus any damages you received. If you have evidence that the collector violated your rights, this will help prove your case against the agency.
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