Debt collectors have a bad reputation-rightfully so. Many of them take advantage of the fact that most Americans are unfamiliar with the various debt collection strategies that are available.
In order to collect a debt, many debt collectors will lie, misrepresent facts, or commit fraud in order for a debtor to pay the debt collector.
What follows is an easy-to-understand breakdown of a federal law known as the Fair Debt Collection Practices Act (FDCPA). This set of laws was created to protect the rights of consumers regarding the collection of a debt.
We will cover only the most frequent situations that occur, so that you may implement debt collection strategies that apply to you.
Communications of a debt collector other than the debtor
If a debt collector speaks to someone other than the debtor, he must identify himself. Also, he must not disclose that he is trying to collect a debt. He may not communicate with the same person more than once.
In addition, he may not communicate via postcard. He cannot use any language or symbol on the envelope that indicates that he is a debt collector.
If the debt collector knows that the debtor is being represented by an attorney, he may only communicate with the attorney, unless the attorney does not respond to the debt collector in a reasonable time.
Communication of a debt collector with the debtor
A debt collector may not communicate with a debt collector if:
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The time or place is inconvenient to the debtor. Also, he cannot call the debtor before 8am and after 9pm.
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The debtor is at his place of employment and the employer prohibits such communications.
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The debtor informs the debt collector that he refuses to pay the debt, or that he wants to cease communications with the debt collector. If so, then the debt collector may inform the debtor that the creditor, or debt collector may take legal action in order to attempt to collect the debt.
Harassment or Abuse
A debt collector may not harass a debtor. This includes verbal threats of harm to the debtor, the debtor’s family, his property, or his reputation.
He may not use obscene or foul language, or repeatedly call the debtor to annoy, abuse or harass him. If a debt collector calls, he must identify himself.
False, deceptive or misleading representation
The debt collector may not state that he is an official officer or employee of the government. Also, he may not mislead the debtor into believing that he is an attorney, if he is not.
He may not misstate the amount or legal status of a debt.
The debt collector may not state that the failure to pay a debt will result in imprisonment, wage garnishment, or asset seizure unless it is lawful and he informs the debtor that the creditor or debt collector intends to take legal action.
The use, or distribution of a false document to facilitate the payment of a debt.
The false misrepresentation that documents are not legal, and don’t require any action by the debtor.
Validation of a debt
Within five days of the initial communication with the debtor, the debt collector must send the debtor a written notice containing:
1.The amount of the debt owed.
2.The name of the creditor to whom the debt is owed.
A statement that if the debtor doesn’t dispute the validity of the debt within 30 days, the debt collector will assume the debt to be valid.
If the debtor dispute’s the debt to be valid within the 30 day period, the debt collector must provide the debtor with a copy of the original contract between creditor and debtor, or a copy of the judgment (if applicable) that the debt is valid.
Legal actions by debtors
If the debt collector is proved to be in violation of the FDCPA, the debtor may file lawsuit, and seek damages in the amount of $1,000.
To view the complete text of the FDCPA that the Federal Trade Commission published.
You are now informed with debt settlement strategies that should get the creditors off your back!
I’m the CEO of Debt Free Solutions, a debt consulting firm located in Long Beach, CA. I have established business in October, 2000. I’m dedicated to assisting Americans nationwide to eliminate excessive credit card and other unsecured debt.
