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Debt Collector Harassing You? Know Your rights!
If you use credit cards, owe money on a personal loan, or are paying on a home
mortgage, you are a "debtor." If you fall behind in repaying your creditors, or
an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the
Fair Debt Collection Practices Act,
a 1996 amendment the Consumer Credit Protection Act, requires that debt collectors
treat you fairly and prohibits certain methods of debt collection. Of course, the
law does not erase any legitimate debt you owe.
 This
article answers commonly asked questions about your rights under the Fair Debt
Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes
money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This
includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax.
However, a debt collector may NOT contact you at inconvenient times or places,
such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also
may NOT contact you at work if the collector knows that your employer disapproves
of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the
collector telling them to stop. Once the collector receives your letter, they
may not contact you again except to say there will be no further contact or to
notify you that the debt collector or the creditor intends to take some specific action.
Please note,
however, that sending such a letter to a collector does not make the debt go away
if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than
you. If you do not have an attorney, a collector may contact other people, but only
to find out where you live, what your phone number is, and where you work.
Collectors usually are prohibited from contacting such third parties more than once.
In most cases, the collector may not tell anyone other than you and your attorney
that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written
notice telling you the amount of money you owe; the name of the creditor to whom
you owe the money; and what action to take if you believe you do not owe the money.
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