According to the Fair Debt Collections Practices Act, creditors are not allowed to harass nor threaten debtors. The law has specific guidelines that creditors and collection agencies must follow when contacting consumers. Congress recognized that although a consumer may owe a debt, collection of that debt must occur within certain established parameters. If a collection agency or creditor violates the FDCPA, consumers have the right to seek redress from the courts for damages in a civil lawsuit.
Instructions
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Order a copy of your credit report. Congress enacted the Fair and Accurate Credit Transactions Act in 2003, which provides for one free credit report every year from Equifax, Experian and TransUnion through AnnualCreditReport.com. You can also order the report on the credit bureau's website, by phone or via mail.
2Look over the report for accuracy. If there's a collection account or debt that you don't recognize as yours, dispute it with the credit bureau.
3Send a Debt Validation letter to any creditor that is requesting payment from you. The Fair Debt Collections Practices Act requires any collector to prove that the debt belongs to you. If they're unable to validate the debt, they must cease contacting you until they're able to do so.
4Know your rights. Under the FDCPA, collectors can only call you between the hours of 8 a.m. and 9 p.m. and must cease contacting you at work once you request them to do so. They are not allowed to threaten you in any manner.
5Send a Cease and Desist letter to any creditor that violates the rules of the FDCPA. A C&D tells the creditor that you no longer wish to receive communications from them regarding this debt except to notify you of legal action (see Resources). Send it via certified mail, return receipt requested.
6File civil suit against any creditor that continues to contact you after a C&D request. The FDCPA provides this relief for you, so make use of it if necessary. There are many attorneys who specialize in consumer credit rights that can give you guidance on this issue.
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