If you still owe money on debts, you may already know your rights under the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, also called the FDCPA, says that you have the right to demand that debt collectors use certain ethical debt collection practices.
The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can't tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
The first is that they have the right to communicate with you to let you know that you owe a debt. They can communicate with you via telephone or by letter. In this phone call or letter, they can tell you exactly how much you owe, including any fees or penalties.
Second, they have the right to contact you until you let them know in writing that you don't owe them money, that you don't owe as much as they say, or that you demand that they provide verification that you owe the debt. Of course, under the FDCPA, they're limited in when and how they can communicate with you, but if they stay within the rules of the FDCPA, they can keep contacting you until you tell them to stop.
Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they're allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn't see creditors as being the same as debt collectors, so they don't have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.
Fourth, they have the right to contact other people about your debt, but only once, and only to find out your address, your phone number, or where you work. However, they are prohibited from contacting a third party more than once. Any more than that can constitute harassment.
Finally, a debt collector has the right to sue you to collect on a debt that you owe. Of course, you have the right to defend yourself in court, but if a judgment is made against you, your wages may be garnished.
When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.
The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can't tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
The first is that they have the right to communicate with you to let you know that you owe a debt. They can communicate with you via telephone or by letter. In this phone call or letter, they can tell you exactly how much you owe, including any fees or penalties.
Second, they have the right to contact you until you let them know in writing that you don't owe them money, that you don't owe as much as they say, or that you demand that they provide verification that you owe the debt. Of course, under the FDCPA, they're limited in when and how they can communicate with you, but if they stay within the rules of the FDCPA, they can keep contacting you until you tell them to stop.
Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they're allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn't see creditors as being the same as debt collectors, so they don't have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.
Fourth, they have the right to contact other people about your debt, but only once, and only to find out your address, your phone number, or where you work. However, they are prohibited from contacting a third party more than once. Any more than that can constitute harassment.
Finally, a debt collector has the right to sue you to collect on a debt that you owe. Of course, you have the right to defend yourself in court, but if a judgment is made against you, your wages may be garnished.
When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.
About the Author:
Sean Payne is a personal finance and debt relief enthusiast. After paying off his own debt, he devoted over a decade to finding the quickest way to get out of debt, and keeping your cool while dealing with debt collectors. To learn more about debt collectors' rights, and what you can do to preserve your peace and quiet, check out his excellent debt reduction course.
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