Debt collection - leagaleez...

[Akula]

I was reading another forum and saw this. I believe this to be the legit rules on debt collection, those in the know can reply. I know I have had collection agencies call me (I wasn't the person they wanted) and they have been a PITA to deal with. Too bad there is another guy in Columbus with the same name as me.

 

Anywho, here is the link I got this from.

 

http://www.pueblo.gsa.gov/cic_text/money/fair-debt/fair-dbt.htm

 

Federal Trade Commission

March 1999

If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly by prohibiting certain methods of debt collection. Of course, the law does not forgive any legitimate debt you owe.

This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?

Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?

A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves.

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?

If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?

Harassment.

Debt collectors may not harass, oppress, or abuse anyone or any third parties they contact. For example, debt collectors may not:

 

• use threats of violence or harm;
  
• publish a list of consumers who refuse to pay their debts (except to a credit bureau);
  
• use obscene or profane language; or
  
• repeatedly use the telephone to annoy someone;
  

False statements.

Debt collectors may not use any false statements when collecting a debt. For example, debt collectors may not:

 

• falsely imply that they are attorneys or government representatives;
  
• falsely imply that you have committed a crime;
  
• falsely represent that they operate or work for a credit bureau;
  
• misrepresent the amount of your debt;
  
• indicate that papers being sent to you are legal forms when they are not; or
  
• indicate that papers being sent to you are not legal forms when they are.
  

Debt collectors also may not state that:

 

• you will be arrested if you do not pay your debt;
  
• they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
  
• actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.
  

Debt collectors may not:

 

• give false credit information about you to anyone, including a credit bureau;
  
• send you anything that looks like an official document from a court or government agency when it is not; or
  
• use a false name.
  

Unfair practices.

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

 

• collect any amount greater than your debt, unless your state law permits such a charge;
  
• deposit a post-dated check prematurely;
  
• use deception to make you accept collect calls or pay for telegrams;
  
• take or threaten to take your property unless this can be done legally; or
  
• contact you by postcard.
  

What control do you have over payment of debts?

If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?

You have the right to sue a collector in a state or federal court within one year from the date from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1000. Court costs and attorneys fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collectors net worth, whichever is less.

Where can you report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney Generals office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney Generals office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To

file a complaint

or to get

free information on consumer issues

, visit the

www.ftc.gov

or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints in to

Consumer Sentinel

, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

[SRTurbo04]

thats preety spot on. oh an about the sending in a letter if you dont want to be contacted. just a heads up most places if they are not able to collect on the bad debt an you dont allow us to contact you then most places step it up to a legal matter to collect larger debts.

[evan9381]

yep. all seems pretty spot on. i like the fact that it says

 

"they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so"

 

also, this looks like a condensed "FDCPA for dummies" type deal. understand, that the FDCPA does not apply to first party/original creditors. IE, say i work for 5/3 bank, and im calling you to collect on a debt you owe 5/3 bank, the FDCPA does not cover any of that. it only applies to 3rd parties (collection agencies, attorneys doing collections, companies that purchase bad debts, etc)

[Guest Hal]

Well a collector recently used the phone and annoyed the fuck out of me. Called me like 3 times a day and would hang up when I answered without saying a word. Finally I called back and found out the were a collector looking for my brother. I told them never to call me again unless they find him and can get my money back too.

[evan9381]

Well a collector recently used the phone and annoyed the fuck out of me. Called me like 3 times a day and would hang up when I answered without saying a word. Finally I called back and found out the were a collector looking for my brother. I told them never to call me again unless they find him and can get my money back too.

 

uh...sorry about that.

 

:bangbang:

[Akula]

My absolute favorite debt collection story that happened to me.

 

My wife starts puking, over and over and over. She is getting dehydrated and cannot drink water or anything. So, we head to the ER. OSU ER.

 

They get her back up and running again and we go home.

 

Insurance denies the trip because it wasn't an Emergency. I fight it and get them to realize that dehydration is a bad thing.

 

I get a new EOB "THIS IS NOT A BILL".

 

I never get a bill.

 

About 30 days later, I get a phone call from a collection agency. Takes a while for me to work with OSU to verify the debt is legit. I call my insurance company to see why they didn't pay. Eventually we uncover that my insurance agency had paid OSU twice.

 

I called OSU 3 times a day, everyday, asking them to pay my insurance company back for the double payment.

[Mojoe]

^^NICE^^

 

 

Also, Title 8, is the Fair Dept Collection Act. Covers all the details you want.

 

http://www.fdic.gov/regulations/laws/rules/6500-1300.html