Collection agencies are infamous for fudging the law when collecting money that is owed to them. If you are an individual with a low income, you could be an easy target for these deceptive practices. The uninformed can fall prey easily. Common practices of collection agencies can include profanity and intimidation to seek payment. If you are a victim of these practices you can seek refuge under federal law, which prohibits collection agencies from engaging in unfair practices. If they fail to comply with the rules, there can be penalties and heavy court fees.
If you are an individual facing collection, you have protection and recourse under the Fair Debt Collections Practices Act (FDCPA). There are specific provisions under which you are federally protected.
Harassment and Abuse
Collection agents cannot use profane language or make repeated calls in order to collect payment. Threatening or intimidating a debtor is harassment and is strictly restricted. This also includes calling members of your family.
Mode of Communication
Collection agents can call you only between the hours of 8:00 a.m. and 9:00 p.m. unless you have specified another time than this. Similarly, they cannot attempt to contact you at work or contact your employer. You can also make a request not to be contacted at all. Collection agents are required to comply with such requests without fail.
Third Party Communication
Agencies dealing with collection are not allowed to talk to third parties about your case. They can only ask your whereabouts and give their name. If you have an attorney, all information or contact must be directed through the attorney. Collection agents have the right to contact your spouse. If you are a minor, they can contact your parents.
False Representation
Collection agents have been known to use tactics like impersonation or falsification of documents to seek payment. Impersonation of law enforcement officials and falsified documents can intimidate the debtor into paying. Such tactics are not allowed under the law.
Unfair Tactics
In the case of non-payment, you cannot be threatened with criminal prosecution. Collection agencies are obliged to notify you well in advance when there has been a non-payment or a change in interest rate. They also cannot deposit post dated checks prior to the date without your permission.
Recourse and Refuge
As a debtor, you have certain rights and are federally protected under the FDCPA Act. If your rights have been violated, you can sue the collection agency for being overzealous about seeking payments. If they resort to unfair practices, you will be legally protected under the law. Debt counseling services can teach you how to tackle such issues. In some cases, you can have a partial or entire debt forgiven for fighting against illegal practices.
If you are an individual facing collection, you have protection and recourse under the Fair Debt Collections Practices Act (FDCPA). There are specific provisions under which you are federally protected.
Harassment and Abuse
Collection agents cannot use profane language or make repeated calls in order to collect payment. Threatening or intimidating a debtor is harassment and is strictly restricted. This also includes calling members of your family.
Mode of Communication
Collection agents can call you only between the hours of 8:00 a.m. and 9:00 p.m. unless you have specified another time than this. Similarly, they cannot attempt to contact you at work or contact your employer. You can also make a request not to be contacted at all. Collection agents are required to comply with such requests without fail.
Third Party Communication
Agencies dealing with collection are not allowed to talk to third parties about your case. They can only ask your whereabouts and give their name. If you have an attorney, all information or contact must be directed through the attorney. Collection agents have the right to contact your spouse. If you are a minor, they can contact your parents.
False Representation
Collection agents have been known to use tactics like impersonation or falsification of documents to seek payment. Impersonation of law enforcement officials and falsified documents can intimidate the debtor into paying. Such tactics are not allowed under the law.
Unfair Tactics
In the case of non-payment, you cannot be threatened with criminal prosecution. Collection agencies are obliged to notify you well in advance when there has been a non-payment or a change in interest rate. They also cannot deposit post dated checks prior to the date without your permission.
Recourse and Refuge
As a debtor, you have certain rights and are federally protected under the FDCPA Act. If your rights have been violated, you can sue the collection agency for being overzealous about seeking payments. If they resort to unfair practices, you will be legally protected under the law. Debt counseling services can teach you how to tackle such issues. In some cases, you can have a partial or entire debt forgiven for fighting against illegal practices.
To know more, please visit at Debt Management Services
No comments:
Post a Comment