The following information is useful to creditors who are collecting money themselves, or ask for help from a collection agency. You can use these guidelines for the collection practices of the agency in assessing their own home collection procedures. For more detailed information please refer to the Fair Debt Collection Practices Act
How can a collection agency Please contact the debtor?
A> Collection agencies may contact the debtor in person, by mail, telephone, telegram or fax.
collection agency can not contact a debtor:
> Before 08:00 or after 9 pm;
> In the more uncomfortable or unreasonable;
> For a job if you know the employer prohibits such contacts;
> If a lawyer is known for representing the defendant, counsel should contact instead.
The debtor can stop a collectionAgency contact them?
The debtor can stop a collection agency contacted them in writing a letter to the collection agency telling them to cease all communication with them and deal directly with the creditor.
Once the agency receives the letter, which can not communicate with the new debtor, except to say that no further contact. Another exception is that the agency may notify the debtor if the debt collector orthe creditor intends to take some specific actions. stop switch does not preclude a lawsuit.
Can a collection agency to contact any other person in debt?
A debt collector may contact someone other than the debtor, only to discover or verify the location of the debtor. The collector must:
> To identify yourself, but must find his employer only if expressly requested;
> Not disclose consumer debt than anyone elseother than the debtor or his attorney;
> Do not use a postcard or otherwise reveal the activity of debt collection.
The collection agency can apply to any person other than the debtor to a one-time event.
Validate debt
Within five days after contact with the debtor to pay a collection agency the debt must send a written communication that includes:
> The name of the creditor and the amount of the debt;
>The debt is assumed to be valid unless disputed within 30 days, in case of dispute, the collector of the check and send a copy of the audit or a ruling against the consumer. During a period when the debt is being verified, the collector may not blindly for payment.
the debt collection practices are prohibited
Collectors may not harass ... harassment, abuse or oppress a person may not:
>Use threats of violence or harm against the person, property or reputation;
> Post a list of consumers who refuse to pay their debts, except for a credit bureau or advertise the debt;
> Use obscene or profane language;
> Repeatedly use the telephone to annoy someone;
> Telephone people without identifying themselves.
False statements ... collectors may not use false statements when collecting a debt, but mayNo:
> USA is false, misleading or deceptive as to their identity, such as falsely implying that they are attorneys or government representatives;
> False means that the debtor has committed an offense or a state to be arrested if the debtor fails to pay the debt;
> Misrepresent the amount of outstanding debt;
> Forging the participation of an attorney in collecting a debt;
> Indicate that the documents are sent to adebtor are legal forms when they are not, or indicate that the documents are sent to a debtor are not legal forms when they are;
> State will build, decorate, place, or sell the debtor's property or wages unless the creditor or intends to do, and is entitled to do so;
> Give false credit information about a debtor to none.
... Unfair practices Debt collectors may not engage in unfair practices such as:
> Collect all the moneymore than one debt, unless allowed by law;
> Create a debtor accept collect calls or pay for telegrams;
> Place a post-dated check prematurely
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