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 Posted: Fri May 26, 2006 7:33 am Subject: Things That Are Illegal for Debt Collectors to Do |
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I have come across this and thought I'd share with everyone.
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Under the Fair Debt Collection Practices Act (federal law):
What Things Are Illegal For Debt Collectors to Do?
1. Harassment or abuse of debtors is unlawful. This means, for example, that a debt collector cannot
* threaten you with violence;
* publish a list with your name on it;
* use obscene or profane language in conversations with you; or
* call you repeatedly to annoy you.
2. Debt Collectors cannot use false statements. For example, a debt collector cannot
* pretend that they are an attorney or that they work for the government;
* lead you to believe that you have committed a crime;
* misrepresent the amount or status of your debt;
* lead you to believe that non-payment will result in your arrest or imprisonment;
* say that he will seize, garnish attach or sell your property or wages unless he
really intends to attempt this and it is legal for him to do so;
* lead you to believe that papers they send you are court documents
or government documents if they are not in fact such documents;
* communicate or threaten to communicate false credit information about
you to any person;
* falsely claim that because the debt was transferred that you have lost
any defense you might have had;
* falsely claim that they work for a credit bureau;
* threaten to sue you if that is not legally possible; or
* make use of a false name.
3. Debt Collectors cannot use unfair means to collect debts. For example, a debt collector cannot
* make you accept collect telephone calls;
* take your property or threaten to do so unless this can be done
in a legal manner;
* deposit any post-dated check before the date on the check;
* collect any amount from you that was not included in the agreement you signed;
* use a postcard to contact you about a debt; or
* use any name or symbol on the outside of an envelope sent to you
that suggests the name of a debt collector. |
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sapphiredreams
Joined: 16 May 2006
Posts: 260
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| Posted: Fri May 26, 2006 9:13 am Subject: |
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Thanks for posting this information. I am so happy I found this forum. You all are so beneficial to many people out there with many questions about debt and legal matters.
What a great bunch of people to get to know.
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linda
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Debtcc Points: 100
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| Posted: Fri May 26, 2006 11:26 am Subject: |
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I like to place the links to the FDCPA laws wherever possible. The debt collectors are ruining the life of most of the people. Many face problems with these over-eager debt collectors and get intimidated. We all should be aware of these legal rights put by the Congress. If we don't exercise them, we can never stop the illegal collection practices.
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john
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Joined: 05 Jan 2006
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Debtcc Points: 26427
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| Posted: Fri May 26, 2006 12:53 pm Subject: Need to ask a question |
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even though my payday loans are being paid right now through T&C, if someone decided to take legal action aqainst me, how would I be notified if it were true and not just a harrassing statement? Would I receive a certified letter? How is the legal and proper way to inform you of legal action taken against you
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KittieKat
Debt Samaritan
Joined: 07 Dec 2005
Posts: 309
Location: New Jersey Debtcc Points: 3941
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| Posted: Fri May 26, 2006 1:08 pm Subject: |
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More than likely you would be served with a summons at your home. Or by certified letter. They're not going to do it over the telephone.
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Jessi
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| Posted: Fri May 26, 2006 1:12 pm Subject: summons |
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summons, does that mean like a sheriff comes to your door. Oh, great!
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KittieKat
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Posts: 309
Location: New Jersey Debtcc Points: 3941
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| Posted: Fri May 26, 2006 1:18 pm Subject: sears |
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Can they take to court an 85 yr. old widow on a fixed income
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Rene
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| Posted: Fri May 26, 2006 1:31 pm Subject: I remember |
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I received a summons once years ago for a preliminary hearing as a witness. It came regular mail. ok, now that I remember that, I can breath a little easier. I am presently cleaning up all my mistakes myself and no one else but my friends on this site knows about it. My boyfriend would not take kindly to cops or sheriffs at our door. But I think they can only do that if they have a warrant. ok, so I am just paranoid.
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KittieKat
Debt Samaritan
Joined: 07 Dec 2005
Posts: 309
Location: New Jersey Debtcc Points: 3941
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| Posted: Sat May 27, 2006 11:03 am Subject: |
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They can take you to court no matter how old you are.
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FYI
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| Posted: Sat May 27, 2006 12:10 pm Subject: |
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Linnie,
Good news..For civil cases it's USUALLY (not always) an employee of the courthouse, not an actual officer, that delivers the summons.
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finsfan13
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| Posted: Sun May 28, 2006 2:20 pm Subject: |
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if your the one being sued, then you will most likelly be served in person (could be sherriff, court officer, or process server depending on the courts rules. Since you were a witness before, they could subpoena you by mail.
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LCW
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| Posted: Sun May 28, 2006 4:49 pm Subject: |
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There you go!
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JediMistressAri
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