What Debt Collection Agencies can and cannot do
http://ping.fm/HS121
Tuesday, March 13, 2012
What Debt Collection Agencies can and cannot do
FAQ About Debt Collection LAWS and Consumer Rights
Can a Debt Collector leave messages on my answering machine? A Collection Agent can leave messages on your personal answering machine until you tell him to stop. A debt collector cannot discuss your debt with 3rd parties, which means that he cannot leave messages about your debt on your employer's Voice Mail or a relative's answering machine. He can leave his or her name and number only, If you want the calls to cease at your residence you must send a cease and desist letter, If you want the calls to stop at your place of employment you may do so verbally.
Can a debt collection agent call me late at night? No, collection agents can only make contact with you by telephone between the hours of 8:00 a.m. and 9:00 p.m. Early morning and late night calls are prohibited under the Fair Debt Collection Practices Act(FDCPA). A debt collector is charged with having knowledge of what time it is in each area for the assurance of not calling anyone outside the allowable hours allowed by the (FDCPA).
Is a verbal payment arrangement with a collector enforceable? Almost certainly not. You should get all agreements in writing, particularly since the collection industryhas a high-turnover rate. Another collector might take over your account or your account might be sold to or Outsourced to a third party Collection Agency. Bear in mind that even a written agreement might not be enforceable if your account is sold to another collection agency. But you should get all agreements in writing anyway to protect yourself if it gets to a law suit. A good written agreement (1) sets forth all material stipulations and conditions; and (2) is signed by both parties; and (3) is dated.
Does the collector have to accept my partial payments? No, they do not and a lot of of them will say that they will not accept a partial payment. collectors want you to send them a lump sum payment and they do not care if you have to borrow it from a family member, skip your automobile payment or take a cash advance from your credit card. So they use very aggressive methods to scare you in to repaying the debt in full as quickly as possible. But the smarter thing to do is to pay them only what you can afford to pay them. Keep paying your house and automobile payments, don't borrow money from family members or your credit card and pay them only what you can manage to pay for each month. Send it in each month even if they keep sending it back. Keep confirmation that you've been trying to send them money. This will considerably reduce your odds of being sued, as most collection attorneys know that a judge, when presented with proof that you tried to pay the debt, will scream at the plaintiff for wasting his time with an unnecessary suit when the defendant was trying to pay the debt. Eventually, most collectors will give in and accept the partial payments.
Is my agreement enforceable against a new collection firm? It isn't that uncommon to find yourself dealing with a different collection agent or new collection agency when you owe a balance. For example, if the original creditor gets rid of the previous collection agency and hires a new one, you might unexpectedly find yourself getting collection message or calls and letters despite the fact that you have a payment agreement with the previous collection agency. The agreement is not enforceable in opposition to the new company unless they decide to accept it; however, sending them a photocopy of it would help you greatly in placing a payment schedule with the new collection agency.
A collection firm keeps intimidating me about a delinquency I do not think I owe. What can I do? Send them a certified letter requesting that they verify the debt. Verifying the debt requires that they send you copies of documented proving that you owe the balance. There is a statutory time governing them, so you need to act as quickly as possible after they make initial contact with you. You can also ask them to stop calling you since you don't believe you owe the debt. Once you have told them this, they are barred under the FDCPA from contacting you to try and collect the balance or putting damaging information on your credit report. They can contact you to tell you they're giving up all collection activity or they're going to take you to court.
Does the Fair apply to major credit card banks? It applies if they have their Collections Department in-house and to the collection attorneys and professional debt collection companies they hire. Original creditors are regulated by state law; however, the main credit card organizations follow guidelines that closely mirror those of the FDCPA and will comply with your demand to stop calling you you at home and work, etc., just as if you were dealing with a debt collection service. If you believe you have been intimidated by an original creditor, or that the original creditor has done something against the law or threatening towards you, then research your state laws on the subject matter and contact the proper authorities to file a proper complaint. Usually, the Attorney General in your state is the proper authority to contact.
A collection agent told me that he was ready to call my employer and have my wages garnished. Can he do this? Not without a judge's signature. The Constitution of the United States ensures you "due process." This means that a collector must sue you and the topic must be heard before a judge before your wages can be garnished. Your employer will not garnish your wages until he receives an official document from the court ordering him to do so. Remember that most threats of this kind are bluffs; however, if you think the collection agent will carry out the threat, then work out a payment agreement before you get sued. Don't let the matter proceed to this point because a wage garnishment is hard to reverse.
Credit Authority Corp®
16530 Ventura Blvd Ste 550
Encino, CA 91436
tel. 818.905.7853 | fax. 818.986.9341
www.CreditAuthorityCorp.com
Can a Debt Collector leave messages on my answering machine? A Collection Agent can leave messages on your personal answering machine until you tell him to stop. A debt collector cannot discuss your debt with 3rd parties, which means that he cannot leave messages about your debt on your employer's Voice Mail or a relative's answering machine. He can leave his or her name and number only, If you want the calls to cease at your residence you must send a cease and desist letter, If you want the calls to stop at your place of employment you may do so verbally.
Can a debt collection agent call me late at night? No, collection agents can only make contact with you by telephone between the hours of 8:00 a.m. and 9:00 p.m. Early morning and late night calls are prohibited under the Fair Debt Collection Practices Act(FDCPA). A debt collector is charged with having knowledge of what time it is in each area for the assurance of not calling anyone outside the allowable hours allowed by the (FDCPA).
Is a verbal payment arrangement with a collector enforceable? Almost certainly not. You should get all agreements in writing, particularly since the collection industryhas a high-turnover rate. Another collector might take over your account or your account might be sold to or Outsourced to a third party Collection Agency. Bear in mind that even a written agreement might not be enforceable if your account is sold to another collection agency. But you should get all agreements in writing anyway to protect yourself if it gets to a law suit. A good written agreement (1) sets forth all material stipulations and conditions; and (2) is signed by both parties; and (3) is dated.
Does the collector have to accept my partial payments? No, they do not and a lot of of them will say that they will not accept a partial payment. collectors want you to send them a lump sum payment and they do not care if you have to borrow it from a family member, skip your automobile payment or take a cash advance from your credit card. So they use very aggressive methods to scare you in to repaying the debt in full as quickly as possible. But the smarter thing to do is to pay them only what you can afford to pay them. Keep paying your house and automobile payments, don't borrow money from family members or your credit card and pay them only what you can manage to pay for each month. Send it in each month even if they keep sending it back. Keep confirmation that you've been trying to send them money. This will considerably reduce your odds of being sued, as most collection attorneys know that a judge, when presented with proof that you tried to pay the debt, will scream at the plaintiff for wasting his time with an unnecessary suit when the defendant was trying to pay the debt. Eventually, most collectors will give in and accept the partial payments.
Is my agreement enforceable against a new collection firm? It isn't that uncommon to find yourself dealing with a different collection agent or new collection agency when you owe a balance. For example, if the original creditor gets rid of the previous collection agency and hires a new one, you might unexpectedly find yourself getting collection message or calls and letters despite the fact that you have a payment agreement with the previous collection agency. The agreement is not enforceable in opposition to the new company unless they decide to accept it; however, sending them a photocopy of it would help you greatly in placing a payment schedule with the new collection agency.
A collection firm keeps intimidating me about a delinquency I do not think I owe. What can I do? Send them a certified letter requesting that they verify the debt. Verifying the debt requires that they send you copies of documented proving that you owe the balance. There is a statutory time governing them, so you need to act as quickly as possible after they make initial contact with you. You can also ask them to stop calling you since you don't believe you owe the debt. Once you have told them this, they are barred under the FDCPA from contacting you to try and collect the balance or putting damaging information on your credit report. They can contact you to tell you they're giving up all collection activity or they're going to take you to court.
Does the Fair apply to major credit card banks? It applies if they have their Collections Department in-house and to the collection attorneys and professional debt collection companies they hire. Original creditors are regulated by state law; however, the main credit card organizations follow guidelines that closely mirror those of the FDCPA and will comply with your demand to stop calling you you at home and work, etc., just as if you were dealing with a debt collection service. If you believe you have been intimidated by an original creditor, or that the original creditor has done something against the law or threatening towards you, then research your state laws on the subject matter and contact the proper authorities to file a proper complaint. Usually, the Attorney General in your state is the proper authority to contact.
A collection agent told me that he was ready to call my employer and have my wages garnished. Can he do this? Not without a judge's signature. The Constitution of the United States ensures you "due process." This means that a collector must sue you and the topic must be heard before a judge before your wages can be garnished. Your employer will not garnish your wages until he receives an official document from the court ordering him to do so. Remember that most threats of this kind are bluffs; however, if you think the collection agent will carry out the threat, then work out a payment agreement before you get sued. Don't let the matter proceed to this point because a wage garnishment is hard to reverse.
What Debt Collectors Can and Cannot Do
Credit Authority Corp®
16530 Ventura Blvd Ste 550
Encino, CA 91436
tel. 818.905.7853 | fax. 818.986.9341
www.CreditAuthorityCorp.com
Subscribe to:
Posts (Atom)