But even if you are in debt, you still deserve fair treatment and respect. As a borrower, you should not put up with debt collectors who deliberately violate the terms stated in the Fair Debt Collection Practices Act.
If your debt collector is guilty of any of the following acts of FDCPA violation, don't hesitate to report or file a complaint to you Local State Attorney's Office and the FTC (Federal Trade Commission).
You should not be contacted before 8am or after 9pm. There is a rule as to the appropriate time to call a borrower to collect debts. Under the FDCPA, a debt collector must not call a borrower during inconvenient hours unless the borrower requested for a call back.
You should not be contacted in your work place. A debt collector must not attempt to collect debts from the borrower's place of work especially after being advised not to.
Debt collectors should not use abusive languages or threats. It is important to remember that debt collectors should never resort to abusive treatment regardless of how big or small the amount of debt is.
Contacting you through postcard is not allowed. Collecting debts using means that are designed to humiliate the borrower is a major violation. The details of a person's debts are supposed to be a private matter and one that must not be exposed in public.
Debtors should not try to contact any third party about your debts. Debt collectors must contact the borrower or the person in-debt to discuss the collection. If the person is not available to talk to, the collector must not disclose any detail about the debt to a friend, relative or a third party.
Debt collectors must not use false statements. Do not fall for debt collectors who may try to blackmail you using threatening statements. If a collector informs you that a case has been filed, verify if this information is true. In case you find that a collector is using lies to force you to pay, you should report it as a violation of your consumer rights.
Debt collectors should not disguise themselves as someone else. A debt collection agency must disclose their identity before making any debt collection attempts. The agency must never use government agencies or credit bureaus to inflict fear to a consumer.
Fair Debt And Collection
Having debts would make you debtor and the person or institution that lets you borrow the money is called the creditor. So where does the debt collection agency fit in all these? Well, they aren't part of the picture at first but when you fall behind in your repayment or even if an error occurred on the part of your creditor, your account may be assigned to a debt collection agency.
One of the most common fallacies about a collections is that laws forbid your creditor from giving your account to a collection agency for your debts to be collected. There is no concrete law that forbids these transactions, in fact, almost all kinds of debts can be turned over to a collection agency for them to be able to collect your debts.
Still another common fallacy that the public cannot seem to get rid of is the misconception that creditors are bounded by laws specifically the Federal Fair Debt Collection Practices. This act is basically just designed to protect the rights and the privacy of individuals in debt because it limits the methods debt collection agencies can use in order to collect your debt. For example, harassment and other abusive ways of debt collection are forbidden based on this act. However, this act does not forbid the collection agency from contacting you to collect your debts.
You should also be aware of another fallacy in debt collection. You should note that the Federal Fair Debt Collection Practices only cover third party collectors or debt collections agencies. This act does not cover the methods that your direct creditor can use to collect the debts you owe him so you cannot expect the same protection if the creditor himself is the one to collect the debts. Another fallacy is that your creditor and the collection agency cannot take you to court if you do not pay your debts. This is the most important fallacy you have to get rid of because it can get you into serious trouble.
But despite all the setbacks a debtor will deal with when their creditor avails of the services of a collection agency, these collection agencies are also victims of fallacies themselves.
Many people perceive collection agencies as abusive collectors that will surely harass them or their family if they would not pay. But in fact, this is usually not the case because most of these agencies are professionals and they stick to the laws. The harassments that you usually hear about are just a very small percentage of the overall debt collection efforts that occur everyday.
Both Irish Taylor & Tristan Andrews are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Irish Taylor has sinced written about articles on various topics from Business Loans, Business Plan and Business Loans. Andrea Smith is a writer and consultant with Consolidate4Free.com and has been providing consumers and business owners with Free Debt Consolidation Advice since 1990. For years she has helped people with loan and credit problems especially pertaining to. Irish Taylor's top article generates over 90500 views. Bookmark Irish Taylor to your Favourites.
Tristan Andrews has sinced written about articles on various topics from Pets, Education and Collection Agencies. Tristan Andrews writes useful articles about debt collection agencies. Find out how using a collection agency can expand your financial horizons at. Tristan Andrews's top article generates over 673000 views. Bookmark Tristan Andrews to your Favourites.
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