If you are in debt, you're probably already aware of the rights you have under the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, which is also known as the FDCPA, says that you have the right to expect certain debt collection practices from debt collectors.
The FDCPA tells debt collectors how and when they can contact you, and what they're allowed to say to you to collect on a debt. An example of this is that bill collectors can't lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
The first of their rights is to communicate with you in order to let you know about any debts you owe. They can do this via telephone or letter. In this communication, they can let you know exactly what you owe, including whatever fees or penalties they may charge you.
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.
Third, if that debt collector is actually the creditor to whom the money is owed, or an in-house agency owned by the creditor, they can continue to contact you even if you request that they stop contacting you. This is because the FDCPA does not recognize creditors as debt collectors, so they are not subject to the same rules as collectors are. Of course, they still have to abide by the rules of decent behavior outlined in the law, such as not harassing people you know, or calling at all hours of the night.
Fourth, debt collectors have the right to talk to other people regarding your debt. However, they can only do this once, and only to discover your address, your phone number, or your place of employment. They can't contact a third party more than once, because that would be harassment.
Lastly, debt collectors have the right to sue you in court to collect a debt from you. Of course, you can defend yourself in court, but if the judge decides against you, you may have your wages garnished to repay the debt.
If you have to deal with debt collectors, know your legal rights. But make sure that you also know the rights that the FDCPA gives to debt collectors. Knowing this can help you to deal with them more easily when they become a problem. - 23309
The FDCPA tells debt collectors how and when they can contact you, and what they're allowed to say to you to collect on a debt. An example of this is that bill collectors can't lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
The first of their rights is to communicate with you in order to let you know about any debts you owe. They can do this via telephone or letter. In this communication, they can let you know exactly what you owe, including whatever fees or penalties they may charge you.
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.
Third, if that debt collector is actually the creditor to whom the money is owed, or an in-house agency owned by the creditor, they can continue to contact you even if you request that they stop contacting you. This is because the FDCPA does not recognize creditors as debt collectors, so they are not subject to the same rules as collectors are. Of course, they still have to abide by the rules of decent behavior outlined in the law, such as not harassing people you know, or calling at all hours of the night.
Fourth, debt collectors have the right to talk to other people regarding your debt. However, they can only do this once, and only to discover your address, your phone number, or your place of employment. They can't contact a third party more than once, because that would be harassment.
Lastly, debt collectors have the right to sue you in court to collect a debt from you. Of course, you can defend yourself in court, but if the judge decides against you, you may have your wages garnished to repay the debt.
If you have to deal with debt collectors, know your legal rights. But make sure that you also know the rights that the FDCPA gives to debt collectors. Knowing this can help you to deal with them more easily when they become a problem. - 23309
About the Author:
Sean Payne is loves to talk about getting out of debt. Once he finally paid off his own debt, he devoted years to discovering 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.
