What To Know About Debt Collection
Filed under: Debt
When facing financial hardship and problems with debt, matters are often made worse by creditors. Debt collection and creditors can be ruthless when it comes to collecting their money. From abusive language to repeated phone call harrassment, debt collection is not a laughing matter. Fortunately, there is important information to know that can protect you from debt collections or stop creditors from contacting you.
The Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates debt collection. It protects you from abusive, unfair, and deceptive debt collection practices. It does not, however, eliminate or reduce your debt. The FDCPA applies to third party debt collectors. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them. The FDCPA does not apply to original creditors or their employees.
The Federal Trade Commission (FTC) enforces the FDCPA. This means that the FTC can bring lawsuits against companies who break the law and can award money to consumers who are victims. To learn more about the FDCPA, visit ftc.gov. The FDCPA has rules that say what debt collectors can and cannot do. Here are some of the most important rules:
- Debt collectors can contact you by phone, letter, or email. They can also contact your friends, neighbors, or co-workers. But they cannot contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m. unless you agree.
- Debt collectors cannot harass or abuse you or anyone else they contact. They also cannot threaten you with violence or accuse you of crimes you didn’t commit.
- Debt collectors cannot lie to you. For example, they cannot say that they are attorneys or government representatives.
- Debt collectors cannot use unfair practices to get information about you. For example, they cannot pretend that they are someone else, such as a friend or co-worker. They also cannot pretend that they are someone that they are not, such as an attorney or government representative.
- Debt collectors cannot disclose that you owe a debt to anyone other than your attorney or spouse without your permission.
How do I stop debt collections?
One of the first things you should do is contact the debt collector and tell them that you want to dispute the debt. If you do not hear from them, then they will assume that you agreed with them.
File a complaint with the FTC. You can do this online at ftc.gov/complaint. You can also call 1-877-FTC-HELP (1-877-382-4357). You can also file a complaint with your state Attorney General. If you want to send a letter, make sure to send your letter by certified mail and keep a copy.
You can stop a debt collector from suing you by filing for bankruptcy. To stop debt collections and harassing phone calls from creditors, contact our Houston bankruptcy lawyer office today. We can stop collections immediately!