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Debt Collection Practices: The Dos and Don’ts



It may be true that you do owe money to the debt collector who is standing at your door. However, that doesn’t change the fact that you are still a client and you deserve to be treated fairly. You have the Fair Debt Collection Practices Act to protect you. This act will help you fight back when your debt collector displays actions that can be considered bad debt collection practices.

By understand the Debt Collection Practices, you will know what your debt collector can and cannot do.

Dos of Debt Collection

The debt collector must employ Debt Collection Practices that respect the rights of the debtor. This means that he should willingly provide the debtor with documents that will verify the nature of his debt. The debt collector must also initiate communication with the debtor. While communicating with the debtor, the collector must be courteous and cooperative.

Here are some of the other Debt Collection Practices that the collector should do:

1) Within five days of the initial contact, the debt collector should send a written document that lists all the details regarding the debt. These include information about the original creditor, the date the debt was incurred, the total amount owed, and the deadline for payment. Also, all the documents should be attached for the debtor’s reference.

2) The debt collector should let you know the steps you need to follow if you want to dispute the debt.

3) The debt collector should honor your requests. If you submit a letter to inform the collector that you no longer want him to call you, he should comply.

4) The debt collector should keep your debt as a private matter.

The Don’ts of Debt Collection

There are some Debt Collection Practices that are designed to intimidate the debtor. These Debt Collection Practices should be avoided. Debt collectors should remain respectful to the debtor. Acts of harassment and abuse are punishable by law.

Here are some of the Debt Collection Practices that are sanctioned by law:

1) Debt collectors are not allowed to contact you at inconvenient places or hours. This means no calls or visits before 8:00 am and after 9:00 pm. This also means that if it is inconvenient for you to talk to the collector when you’re at work, he should stop making calls and visits to your workplace.

2) Debt collectors are not allowed to issue false threats. Unless he fully intends to carry out legal action, the collector cannot say he will sue you. If he says he will sue you, ask for a document from the agency that shows its intention of pursuing legal action. Also, the debt collector cannot scare you with threats of jail or repossession.

3) Any debt collection practice that involves insulting or discriminating the debtor is completely unacceptable.

4) The debt collector cannot physically hurt you if you refuse to pay.



Other Federal Debt Collection Law related Articles

Debt Collection Statute Of Limitations
Fair Debt Collection Practice Act
Fair Debt Collection Practices
Credit Card Debt Collection
Debt Collection Letters

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Federal Debt Collection Law Specific links

Federal Debt Collection Law News

Hospital Debt Collection A Symptom Of A Sick Health Care System - Huffington Post


Hospital Debt Collection A Symptom Of A Sick Health Care System
Huffington Post
Aggressive debt collection stems from larger failings of the US health care system. No one at the hospital ever said Bruce Folken's medical care would suffer if he didn't pay up, but it sure felt that way. Folken, 62, went to Fairview Ridges Hospital ...

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Tough Luck to Debt Collectors That Autodial - Courthouse News Service


Tough Luck to Debt Collectors That Autodial
Courthouse News Service
By JOE CELENTINO CHICAGO (CN) - Debt collectors can be held liable for autodialing a number that has been reassigned to an innocent "bystander," the 7th Circuit ruled. The case involved a section of the Telephone Consumer Protection Act, well-known for ...

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Mike Ginsberg: First Quarter ARM Legal, Legislative and Regulatory Climate ... - InsideARM


InsideARM

Mike Ginsberg: First Quarter ARM Legal, Legislative and Regulatory Climate ...
InsideARM
Barney Frank introduced HR 4101, The Fair Debt Collection Practices Clarification Act of 2012. This bill seeks to amend the Fair Debt Collection Practices Act to exempt a debt collector from liability when leaving certain voice mail messages for a ...

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FTC settles with debt collectors over bogus magazine payments - Chicago Tribune


The Consumerist (blog)

FTC settles with debt collectors over bogus magazine payments
Chicago Tribune
Debt collectors who allegedly sought bogus payment from consumers for magazine subscriptions have settled with the Federal Trade Commission. According to the FTC's complaint, the defendants, who handle collection of hundreds of thousands of accounts ...
Luebke Baker & Associates, FTC Settle For Collecting On Fake DebtsHuffington Post
Fake debt scam surfaces in Upson CountyThomaston Times
Debt Collectors Settle With The FTC, Say They Won't Pose As Ed McMahon AnymoreThe Consumerist (blog)

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Debt collector may not call you at work - Victoria Advocate


Debt collector may not call you at work
Victoria Advocate
Under a federal law, called the Fair Debt Collection Practices Act, it is unlawful for a debt collector to call you at work once he knows your employer prohibits such calls. If the debt collector continues to call, you would have a claim for damages ...

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