How to Protect Yourself: Debt Collections
So you are getting collection calls? You're desk is full of unpaid bills.
You dread answering the phone. You are having trouble sleeping at night
because you are worrying about a bunch of bills. You feel depressed. Does
any of this sound familiar? If it does then, maybe this article can help
you.
First of all you need to realize that you are not the only one. You are
not alone. Then you need to know that there can be light at the end of the
tunnel. This article is not meant to be legal advice. It is to let you
know your rights under the law. Perhaps it will steer you in the right
direction.
As this site is targeted for residents of Jacksonville, I will only deal
with Florida statutes. I will explain your rights under the Fair Debt
Collection Practices Act (FDCPA). This is legislation that was enacted in
1977 to stop abusive collection practices. I quote the Florida State
Attorney General
How to Protect Yourself: Debt Collections/Consumer
Source: The Florida Attorney General's Office
You may have questions relating to debt collections if you are contacted
by a "debt collector," someone who regularly tries to collect debts owed
to others. A debt collector may contact you if you are behind in your
payments to a creditor on a personal, family or household debt, or if an
error has been made in your account.
A debt collector may contact you in person, by mail, telephone, telegram,
or fax. However, a collector may not communicate with you or your family
with such frequency as can reasonably be expected to be harassing. A debt
collector may not contact you at work if the collector knows your employer
disapproves. A collector may not contact you at unreasonable times or
places, such as before 8 a.m. or after 9 p.m., unless you agree.
A debt collector is required to send you a written notice within five days
after you are first contacted, telling you the amount of money you owe.
The notice must also specify the name of the creditor to whom you owe the
money, and what action to take if you believe you do not owe the money.
You may stop a collector from contacting you by writing a letter to the
agency telling them to stop. Once the agency receives your letter, they
may not contact you again except to say there will be no further contact,
or to notify you if the debt collector or the creditor intends to take
some specific action.
If you do not believe you owe the debt, you may write to the collection
agency within 30 days after you are first contacted saying you don't owe
the money. The agency may not contact you after that unless you are sent
proof of the debt, such as a copy of the bill.
A debt collector may not harass or abuse any person. For instance, a
collector may not use threats of violence against the person, property or
reputation, use obscene or profane language, advertise the debt, or
A debt collector may not use false statements, such as: falsely implying
that they are attorneys, that you have committed a crime, or that they
operate or work for a credit bureau or misrepresenting the amount of your
debt, the involvement of an attorney in collecting a debt, or indicating
that papers sent to you are legal forms when they are not.
Debt collectors may not tell you that you will be arrested if you do not
pay, that they will seize, garnish, attach, or sell your property or
wages, unless the collection agency or creditor intends to do so and has a
legal right to do so, or that a lawsuit will be filed against you, when
they have no legal right to file or do not intend to file such a suit.
If you have a question about whether the collection agency which has
contacted you is properly registered, you may file a complaint either with
the Attorney General's office or the Federal Trade Commission,
Correspondence Branch, Washington, D.C. 20580. You may file suit against
the collection agency for violating state and/or federal law. If you
prevail, you may be awarded your actual damages, attorney's fees and costs.
The protection he mentions is from the FDCPA. The FDCPA is not a Florida
law. It is a federal law. The law provides for stiff penalties for debt
collectors (i.e. the actual collector or the company or agency for which
he/she works). This means that you do not have to put up with harassment
or being insulted or threatened with such things as going to jail,
criminal charges, seizing you wages, calling your employer or friends and
family to tell them about the debt. You do not deserve this type of
treatment and should not stand for it. They may not misrepresent
themselves. They can't tell you they are from the Sheriff's Office,
"warrants processing", or an attorneys office (unless they do work for an
attorney). Most of the abusive practices are done over the phone. Letters
and correspondence will usually comply with the law.
If you feel that a collector(s) are being abusive you have several options
:
1) contact the supervisor or owner of the agency. The one on the phone is
usually an hourly employee. Higher ups normally want their people to
comply with the law as to prevent costly lawsuits against them.
2) You may also notify them that they are not to call you again. This
should be done in writing by certified mail with return receipt so that
you have proof that you did advise them not to call you. This is a no call
request. You should only do this after repeated incidents. Why do I say
this? You may get one call where the collector is rude. The next one you
get may not be. Having done collections for many years, I often had calls
where the person was angry from the last person they had spoken to. But by
working with them I was able to come to a mutually agreeable solution.
So because you had one bad experience doesn't mean they are all like that.
Many collectors strive to stay within the law. But you do have the right
to do this under the law.
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