To gain control in any situation, their understanding of the fundamentals of the law will help a lot. It's no different in the treatment of calls from debt collectors uncomfortable.
Collection agencies are regulated by the Federal Trade Commission on the Fair Collection Practices Act consumer complaints filed Debt Federal Trade Commission against collection companies are among the highest volumes of abuse at thenation. The epic proportions of the volume of complaints suggests that there is widespread abuse in place for collections agencies.
Here are some basics you need to know:
A. You have the right to know who you're talking
A favorite trick: the collector is to imply or suggest that they are a lawyer or a law enforcement officer who travels to her home with a sheriff to arrest if you do not make an immediate payment. This is aflagrant violation of the law, and should refer to the FTC. A debt collector should be identified as an agent for recovery of debt.
B. You have the right to a civil conversation
Many believe that some of these laws civilized conversation subjective and everyone surely has a different tolerance for abusive conversations. In general, collection agents are not allowed to threaten his safety, we ask names or use profanity towards you.They are not allowed to call several times or by phone during the middle of the night. However, literally tens of thousands of complaints against debt collectors with the FTC for violations of these fundamental rights for consumers. If they are abused, threatened or fear for their safety should inform the collection agency to the FTC, and also send a written notice to stop. Keep a copy of all letters, voice messages and contacts.
C. You have the right to becall time of day when we can talk
The Fair Debt Collection Practices Act requires that you contact your local time from 08:00 to 21:00.
D. You have the right to privacy
Surprisingly, a collector of the third party is entitled to call his family or neighbors to determine their place of residence. However we know that nothing is allowed to use these people to pressure or intimidate you or tell themin a gossip fashion as you owe money.
E. You have the right to accurate information about the alleged debts
Mistakes are made, sometimes you can be contacted for debts that do not have. Be sure to check each particular debt. Collection agencies can not claim to have more than you. Make sure it should have been. Often, they will tell you arrested or garnish your wages to pay, ieobviously false, under any circumstances unless you have already sent a subpoena, court statements and have received a sentence against him.
F. You have the right to challenge the amount owed if it is incorrect
The so-called debt collector must report what is due, must be able to verify from where they purchased the right to collect the debt. It takes its name, company name and address and write them a letter stating that you refuseto pay the debt, then they are obliged to stop groping to collect this from you. Attention! If the amount of debt is high enough, its refusal to pay on time can trigger a lawsuit against you groped to make him pay. If a debt goes unpaid for a period of time and no action is taken against him, until the statute of limitations in your state has passed, be aware that your debt can be sold again to another collection agency.Approved the statute of limitations has passed in his state in any collection of contacts and a debt collection agency on that date, you can use the line from The Wizard of Oz, when Glenda the Good Witch tells the Wicked Witch of the East "He's gone, you have no power here."
If a debt collector breaks these rules and therefore unfair demand to speak to a supervisor. After talking with a person of authority, clearly tell them that you wanttake the case to the Federal Trade Commission, the state attorney and the Better Business Bureau. Sometimes it is slow and cumbersome, but be sure to resave all voice mail and letters, and take detailed notes about who called when and how often and what was said. The people win cases against collection agencies each month if they have an accurate record of abusive tactics.
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