Insider secret #3

by cccozarks

This is a secret no one likes to talk about. However, if you are someone facing this situation the last thing you need is a bill collector harrassing you. I believe that once YOU know what your rights are then THEY will back off. Millions of consumers may have accounts in collections with a third-party collector, or headed there, I want to make everyone aware of what protections consumers have under the Fair Debt Collection Practices Act:

  • When can they call?– A debt collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree to such times.
  • Can they call me at work?– You may not be contacted at work by a debt collector if the collector knows that your employer disapproves of such contacts.
  • Can they harass me?– A collector may not use threats of violence or harm, use obscene or profane language, or repeatedly use the telephone to annoy you. Further, they may not imply that you’ve committed a crime or will be arrested if you do not pay your debt, or pretend that they are an attorney or are a government representative if they are not.
  • Is there any way to get collection efforts to stop?– The consumer can stop all contact from the collector by writing a letter to the collector telling them to stop. Once the collector receives the letter, they may not contact you again except to say there will be no further contact, or to notify you that the debt collector or the creditor intends to take some specific action. (NOTE: This letter should be sent certified mail, return receipt requested.)
  • Can they tell others about my debt?– A debt collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Typically, they may only contact a third party once, and in most cases, the collector may not tell anyone other than you and your attorney (if you have one) that you owe the debt.
  • What if I don’t think I owe the debt?– You are entitled to a verification of the debt within five days of initial contact. This confirmation must be sent to you in writing and must include the amount of money you owe, the name of the creditor to whom you owe the debt, and provide you with options to take if you do not owe the money.
  • Can they continue to contact me after I dispute the debt? – Collection efforts may not continue if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe the money. However, a collector can renew collection activities by providing you with proof of the debt.

Tough financial times often force many consumers into making tough choices when it comes to how they allocate their money. For some people, that can mean accounts going into collections. Even if this happens, the consumer deserves to be treated fairly, which is most often the case. However, if a consumer comes in contact with a collector who crosses the line, the problem should be reported to the Attorney General’s office. You can actually go onto the Attorney General website and file a consumer complaint on line.

If you are in this position just know that you don’t have to tolerate harrassing behavior from a bill collector.