Having bills that are in collections is a stressful situation. Not only do you have the stress of not being able to pay your bills, you also have to deal with another group of people that will be contacting you regularly and asking you when you plan to pay, even if you don't owe the bill. The Fair Debt Collection Practices Act (FDCPA) defines the legal rights you have when dealing with debt collectors.
Covered Debts
The FDCPA applies specifically to debts that are being handled by a third-party collector and not by the original creditor. Many states have passed stricter laws that apply the provisions of the FDCPA to the original creditor. Some courts have also interpreted that the FDCPA applies to original creditors as well. Most creditors play it safe and abide by the provisions of the act to protect themselves legally.
Contact
The FDCPA defines guidelines for contact that debt collectors can have with you. Generally, debt collectors cannot contact you before 8:00 a.m. or after 9:00 p.m., unless you tell them otherwise. You also have the right to tell the collector that she may not contact you at work. If you have a lawyer, a collector must talk with him about the debt, but he cannot talk to anyone else specifically about your debt. Collectors may contact other people, such as family members or neighbors, to find out where you live or how to contact you. Collectors must also stop contacting you if you tell them in writing not to do so.
Prohibited Practices
Collectors cannot harass you. This means that they cannot use the telephone repeatedly to annoy you. Collectors cannot threaten you with harm. They also cannot use obscene or profane language. Collectors cannot make false claims, representing who they are or how much you owe. They cannot say that they are sending you legal forms when they are not or vice versa. Collectors cannot threaten you with arrest or say that they will seize your property or wages unless they are legally allowed to do so. They cannot charge you any unlawful fees, and they cannot deposit a post-dated check early.
Recourse
If a debt collector has violated the FDCPA, you can take action against the collection agency. You can sue the collector in federal or state court for damages. These damages include lost wages and medical bills. The court can order the collector to pay you up to $1,000, even if you cannot prove that you have suffered any damages. You may also be paid for your legal fees and court costs. You can also report violations to your state attorney general's office or to the federal trade commission, and they may pursue action if they choose to do so.
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