The Federal Fair Debt Collection Practices Act (FDCPA) is a set of laws that protect the privacy of the debtor and protecting them from abusive practices, such as being harassed by debt collectors. The FDCPA is applied by Federal Trade Commission (FTC), and sets the national standard for collection agencies.
If you are unfamiliar with the Fair Debt Collection Practices Act,The following are common questions and answers on the law that covers the main features to help improve understanding of the debtor's rights and collection agencies.
• Can a debt collector contact by telephone? However, there are some restrictions. For example, a collector can
I'll call you before 8 am or after 9 pm unless the collector is not allowed.
Call constantly
Cause you pay for telegrams or accept collect calls, or pretend to be someone who is not
Use the phone to harass, make threats, use of obscene language or make negative comments about your personal lifestyle, or moral decisions.
Please contact us if you have an attorney. You should only communicate with counsel
• Can a debt collector threatening to sue me? If not an empty threat only for the purpose of bullying isto pay the debt. For example, a debt collector is not allowed to threaten with violence or tell you that going to garnish your wages or sell your property, if this is illegal, etc. However, keep in mind that an agency Debt collection has the right legal action against you to collect a debt.
• If a creditor decides to send my account to a collection agency or credit agencies are obligated to inform this decision ahead of time?Under the FDCPA, there is no rule that says you must first be notified. However, the law may be different depending on the state you live in, as some states require the creditor to the debtor before acting. Therefore, to investigate the state laws relating to debt collection.
• Can a debt collector contact me by phone before you contact me in writing? If a collection agency has the opportunity to contact by phonefirst if you want to do so. However, within 5 days of the call, the collector must send a written notice of a debt. This notice is required to say how much money you owe and the name of the creditor to obtain payment. The written notice is also required to inform you of how to file a dispute, if you do not agree that it is a debt.
Do I have to deal with phone calls from a debt collector? No. You have theright to request that the collector stops making any contact with you. This can be done by phone and / or a letter known as the "cessation of communications." It is strongly recommended to write the letter because, if needed, this gives the proof that you ordered a cessation of communication.
Note that after applying, the collector has the right to contact you again to inform the user (notthreatening to you) of what action, if any, they intend to collect the money owed. Just remember that this action stops only to call the collector does not stop the process of debt collection.
Finally, in any case, a debt collector allowed to lie about who they are, the amount of money owed, or submit false documents to those who are accused of a crime. We must also say your name and the name of the agency they are calling on behalfof.
Due to the fact that the FDCPA is the best protection against debt collectors, be sure to read the law, as well as learn about the debt collection laws for specific states provided the best protection.
Do not forget, you never have to endure threats or harassment by a debt collector. Therefore, if you refuse to stop calling you, report to the Federal Trade Commission. You can also researchowner of a phone number to see if you can find more information about the individual who is included in its complaint with the FTC.
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