What to do when the rights of recovery of consumer debt have been violated by a collector, Part 1

What if you are pursued by an original creditor, not a collection agency

Much has been written about the legal rights of consumers pursued by agents of debt recovery-3 ° / agencies. Less has been written about the steps to be taken away if you think that your debt collection consumer rights have been violated by a collector 1st-party/in-house work of an "original creditor." The distinctionbetween 1 and 3 party-party collectors is important because the laws apply for different types of creditors.

Step 1: Determine if they are pursued by a part of the crop or a third party collector

Third-party collectors are people / companies contracted by the original creditor to collect a debt. In contrast, collectors in Part 1 are the original collector. For example, if you receive a call from the credit card company after losing a paymentyou are talking to a collector of the first matches. On the contrary, any caller who claims to be a collection agency calling on behalf of the credit card company is a third party collector.

Distinguish between 1 st and 3 rd party collectors share is important because different types of laws apply to different types of collectors. For example, third-party collectors are subject to a federal law called the Fair Debt Collection Practices Act(FDCPA). Typing "Fair Debt Collection Practices Act" in the search engine produces a summary of consumers the right of each to be free of intimidation tactics used by many debt collectors. Unfortunately, the first part collectors are not subject to FDPCA . Are regulated by a series of state laws. Some state laws are friendlier to consumers, while others are considered more favorable to business and debtcollectors.

Step 2: Contact the Office of the Attorney General

Having established that you were called by a first collector manufacturer, contact your state Attorney General's Office to determine what laws apply to debt collectors to share first. You can find any website of the Attorney General by writing the name of your state and the words "attorney general" in a search engine. For example, if you're from Nevada, as "Nevada AttorneyGeneral of the Nation "in a search engine.

Step 3: Using the Attorney General's Office to determine your rights

All attorneys General of the Office to disseminate information on debt collection laws. However, since most cases involve collection agencies debt, you may need to talk to someone on the phone to share what that collectors soon as possible and can not do in your state. For example, this law prohibits Part 3collectors call after 9 pm, calling his job if your employer disapproves of such calls, which are fraudulent, and the use of other forms of harassment to get to pay a debt that may or may not do so.

Unfortunately, not apply to parts FDPCA first collectors, so they have none of the above rights unless the laws in your state to grant them to you. Once certain consumer rights, which can take the same procedure would be for a3 rd party collector is pursued.

Your legal rights are # Step 4: Set limits no matter what

Although the parties before the collectors are not regulated by the Federal Fair Debt Collection Practices and the state offers some "relief of creditors to share in the first place, there is no law that says you should talk to a stranger about their Finance your phone. Therefore, if someone asks you the name of an original creditorcontact you at inconvenient times, harassment at work, or misrepresenting themselves (for example, that claims to be an elected official) to ask him to stop. Despite these tactics are legal, can still be considered unprofessional or unethical. You can also report the action as attorney general, his office and send a copy of this letter to the collection agency.

Step # 5: Keep track of all activities between you and the bailiffs

Keep a copyof all activities between you and a creditor so they can share that information with an attorney, the FTC, the Attorney General and other stakeholders.

Conclusion

When contacted by debt collectors of any type may be one of the most stressful experiences a person can find. However, determining the type of lender you are dealing with, and understanding of the rights of consumers, it may make sense to lower the resolution of complaintsproblem in an ethical and professional.