The Debt Collection Act dos and don'ts
The debt collection act is a federal law and is concerned with reualting the practises of those who regularly collect debt on behalf of others. It is now common and has been adopted in many States.
So just what does the debt collection act say a debt collector can and cannot do in the execution of his duties.
he cannot contact at inconvenient hours but he can call in person or by telephone or telegram or mail at times cosidered as generally acceptable as convenient times from 8 am to 9pm.
He cannot contact you at work if the collector knows or has reason to know that your an employer forbids an employee being contacted at the workplace.
He cannot contact you if the debtor is being represented by a lawyer. If this is thecase the debt collector must contact your lawyer/attorney.
He cannot contact a debtor if he has received written confirmation from the debtor asking the collector not to make contact. The is an exemption to this namely if the collector is making contact to inform the debtor of an action which is about to take place or is in the process of commencing.
They cannot make contact for thirty days following receipt of a written dispute pertaining to the debt. The collector can however, contact the debtor again as soon as the collector has sent proof of the debt.
He must within 5 days send you written notice stating who the debt is owed to, the amount of the debt and what the debtor should do if they believe the debt is incorrect or another error has been made.
They must also include the name of the original creditor if the debt has been sold or assigned to another person or comapny other than the original creditor.
The collector may not threaten violence to you or your property of any person connected or otherwise to you.He cannot use prfane or abusive language. He cannot make a debtor receive collect calls or pay for telegrams.
If a debt collector violates the law , it is your right to write a letter to your nearest federal trade commission. You can also file a state lawsuit. There is a one year statute of limitations in effect but the resulting action will have dire consequences for the collector resulting in fines of as much as $5000 and attorney costs and fees.
About the Author
Ray James is a business entrprenuer. He has written several articles on the subject of debt collection tips. He can be contacted at info@debt-collection-tips.com