Know Your rights!
You may be financially obligated to companies but that does not mean they can abuse, harass or harm you and your family.
Here are some of the debt collectors cans and can'ts
They can:
A debt collector may contact you in person, by mail, telephone, telegram, or fax
If you don’t have an attorney, a collector may contact other people only to find out your address, your phone number, and where you work.
If within statue of limitations, they can bring legal action against you.
They can NOT:
Contact you at inconvenient times or places – for example, before 8 a.m. or after 9 p.m – unless you agree.
Contact you at work if the collector is aware that your employer prohibits it.
Harass, oppress, or abuse you or any third parties they contact about you.
Lie or mislead anyone when collecting a debt.
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you.
If the debt is past its statute of limitations, they may not bring legal action. (find out your statue of limitations)
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren’t; or
indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn’t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
