Friday, February 3, 2006

Debt Collecting Limits

Debt Collecting Limits

When debt collectors go after a debtor, certain limits are in place to prevent unfair debt collection practices. These limits include statutes of limitation, as well as limits to contacting the debtor. If debt collectors obtain wage garnishment, regulations limit the amount able to be removed from the debtor's bank account.

Statute of Limitations

    Each state has its own statute of limitations on debt collecting practices. Although the debt morally exists past the statute of limitations, the debt collector cannot legally sue once the statute of limitations deadline is reached. Different statutes of limitation exist for different kinds of debt. In Alabama, for example, the statute of limitations for written and oral contracts is six years, but the statute of limitations for credit cards is three years. Some states, such as Kentucky, have statute of limitations lasting as long as 15 years.

Limiting Contact

    The Fair Debt Collection Practices Act of 1977 imposed limits on when and how debt collectors can contact debtors. While debt collectors could get in touch with the debtor through the mail, telephone, telegram or fax, contact is limited to between 8 a.m. and 9 p.m., local time. In addition, if a debtor retains a lawyer, the debt collector must contact the lawyer rather than the debtor. If a debt collector uses third parties to locate a debtor, information about the debt is prohibited. The debt collector may try to find a means to get in touch with the debtor but cannot tell a third party about the debt.

Wage Garnishment

    Debt collectors occasionally go to court to attempt a wage garnishment. Wage garnishment occurs when the court orders an employer to withhold part of an employee's pay to pay a debt. The government sets limits to the amount of money withheld, allowing only 25 percent of the employee's disposable income or 30 times the minimum wage -- whichever is less -- to be withheld.

Social Media

    Restrictions for using social media limit what debt collectors post and share online. In public sites, debt collectors cannot identify themselves as debt collectors. Debt collectors can use private email to contact the debtor, but they must cease such activity if the debtor requests it. Debt collectors gather information from social media websites, such as Facebook and Twitter, but there are limits as to how they can misrepresent themselves to gain access to personal information. A debt collector, for example, cannot claim to be a college classmate to gain access to personal, restricted information about a debtor.

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