Can you stop debt collectors ? . . .You better know you can
You can stop debt collectors under
law provided by
Fair Debt Collection Practices Act. If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor."
If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector." You should know that in either situation,
Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course,
law does not erase any legitimate debt you owe.
What debts are covered?
Personal, family, and household debts are covered under
Act. This includes money owed for
purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A 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. A debt collector also may not contact you at work if
collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?You can stop a debt collector from contacting you by writing a letter to
collector telling them to stop. Once
collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that
debt collector or
creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make
debt go away if you actually owe it. You could still be sued by
debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney,
debt collector must contact
attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases,
collector may not tell anyone other than you and your attorney that you owe money.
What must
debt collector tell you about
debt?
Within five days after you are first contacted,
collector must send you a written notice telling you
amount of money you owe;
name of
creditor to whom you owe
money; and what action to take if you believe you do not owe
money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive
written notice, you send
collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of
debt, such as a copy of a bill for
amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
- use threats of violence or harm;
- publish a list of consumers who refuse to pay their debts (except to a credit bureau);
- use obscene or profane language; or
- repeatedly use
telephone to annoy someone.