Can I stop a
debt collector
from contacting
me?
You can stop a
debt collector
from contacting
you by writing a
letter to the
collector
telling them to
stop. Once the
collector
receives your
letter, they may
not contact you
again, except to
tell you there
will be no
further contact,
or to notify you
that the debt
collector, or
the creditor
intends to take
some specific
action. Sending
a letter to a
debt collector
that you
actually owe
money to will
not get rid of
this debt,
however. You
could still be
sued by the
creditor or
collection
agency.
May a debt
collector
contact anyone
else about my
debt?
The debt
collector must
contact your
attorney, if you
have one, 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.
Also, collectors
are only allowed
to contact a
third party
once. In most
cases, the
collector may
not tell anyone
other than you
and your
attorney that
you owe money.
However, a debt
collector may
not disclose to
anyone other
than you or your
spouse, anything
about the
alleged debt.
May a debt
collector
contact me at
work?
Initially, yes,
but if you tell
them (orally or
in writing) that
you are not
allowed to get
calls at work,
they may NOT
call you back at
work.
Can I dispute a
debt at anytime?
Yes, you can
dispute any
aspect of the
alleged debt,
orally or in
writing and at
any time. Also,
if you do
dispute the debt
and the
collector
reports to
credit reporting
agencies, they
must list the
debt as
"disputed" on
your credit
reports.
Is there
specific
information the
debt collector
must tell me
about the debt?
The collector
must send you a
written notice
telling you the
amount of money
you owe within
five days after
you are first
contacted. This
information must
include the name
of the creditor
to whom you owe
the money, and
how to proceed
if you believe
you do not owe
the money.
Can a debt
collector
continue to
contact me if I
believe I do NOT
owe money?
A collector may
NOT contact you
if, within 30
days after you
receive the
written notice,
you send the
collection
agency a letter
stating you do
not owe money.
However, a
collector can
renew collection
activities if
you are sent
actual proof of
the debt, such
as a copy of a
bill for the
amount you owe.
What types of
debt collection
practices are
not allowed?
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;
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Publish a
list of
consumers
who refuse
to pay their
debts
(except to a
credit
bureau);
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Use obscene
or profane
language;
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Repeatedly
use the
telephone to
annoy
someone;
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Call before
8AM or after
9PM
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FALSE STATEMENTS
Debt collectors
may not use any
false or
misleading
statements when
collecting a
debt. For
example, debt
collectors may
not:
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Tell you
that they
are
attorneys or
government
representatives,
when in
fact, they
are not;
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Falsely
imply that
you have
committed a
crime;
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Misrepresent
that they
operate or
work for a
credit
bureau;
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Misrepresent
the amount
of your
debt;
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Indicate
that papers
being sent
to you are
not legal
forms when
they in
fact, are;
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State that
you will be
arrested if
you do not
pay your
debt;
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Threaten to
seize,
garnish,
attach, or
sell your
property or
wages,
unless the
collection
agency or
creditor
intends to
do so, and
it is a
legal
action;
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Threaten
that
actions,
such as a
lawsuit,
will be
taken
against you,
when such
action
legally may
not be
taken, or
when they do
not intend
to take such
action.
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In addition,
debt collectors
may not:
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Give false
credit
information
about you to
anyone,
including a
credit
bureau.
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Send you
anything
that looks
like an
official
document
from a court
or
government
agency and
is not an
official
document.
|
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Use a false
name in
their
attempts to
collect your
debt.
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UNFAIR PRACTICES
Debt collectors
may not engage
in unfair
practices when
they try to
collect a debt.
For example,
collectors may
not:
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Collect an
amount that
is greater
than your
debt, unless
your state
law permits
such a
charge;
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Deposit a
post-dated
check early
or use
deception to
make you
accept
collect
calls or pay
for
telegrams;
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Take, or
threaten to
take your
property
unless this
can be done
legally, or
contact you
by postcard.
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