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Things That Are Illegal for Debt Collectors to Do

Date: Fri, 05/26/2006 - 07:33

Submitted by sapphiredreams
on Fri, 05/26/2006 - 07:33

Posts: 272 Credits: [Donate]

Total Replies: 11


I have come across this and thought I'd share with everyone.
Quote:

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.


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.


lrhall41

Submitted by john on Fri, 05/26/2006 - 11:26

( Posts: 1231 | Credits: )


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


lrhall41

Submitted by KittieKat on Fri, 05/26/2006 - 12:53

( Posts: 308 | Credits: )


summons, does that mean like a sheriff comes to your door. Oh, great!


lrhall41

Submitted by KittieKat on Fri, 05/26/2006 - 13:12

( Posts: 308 | Credits: )


Can they take to court an 85 yr. old widow on a fixed income


lrhall41

Submitted by on Fri, 05/26/2006 - 13:18

( Posts: | Credits: )


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.


lrhall41

Submitted by KittieKat on Fri, 05/26/2006 - 13:31

( Posts: 308 | Credits: )