Wednesday, January 5, 2005

What Are Your Constitutional Rights for Debt?

What Are Your Constitutional Rights for Debt?

The government's Federal Trade Commission enforces the Fair Debt Collection Practices Act which protects consumers from abusive or harassing debt collection practices. If you owe a significant amount of money, you may receive phone calls from collection agencies. Your creditors have the right to send these agencies after you. But you have your own rights. Learning them is the key to preventing collection agencies from harassing or intimidating you.

Calling Hours

    Under the Fair Debt Collection Practices Act, collection agencies are not allowed to call you before 8 a.m. or after 9 p.m., and they can't contact you at your place of employment if you tell them, in writing or orally, that you cannot receive calls where you work.

Threats and Harassment

    Debt collectors are not allowed to threaten you or imply that they will damage your property or physically harm you in an effort to collect the money you owe. Collection agencies cannot misrepresent themselves as lawyers or as representatives of government agencies. And they cannot say that you will be imprisoned if you don't pay your debt.

Contacting Others

    Collection agencies cannot contact other people, including your co-workers, bosses, friends or family members, about the debt that you owe. Collection agencies, though, can call other people if they need to do so to find your address, telephone number or place of employment. However, they are not allowed to tell these other parties why they are looking for you.

Stopping Contact

    You can get a collection agency to stop calling you by sending that agency a letter, by certified mail, telling it to stop contacting you. After receiving the letter, the collection agency can only contact you again to tell you that it will no longer be calling or to inform you that your creditor is taking a specific action, such as filing a lawsuit against you, to claim the money you owe.

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