Debt Collectors: Rules and Regulations

December 19, 2010 | Author: | Posted in Credit & Debt

It’s never fun to have to deal with debt collectors, but unfortunately it’s a reality for a lot of people. It can be embarrassing and very stressful. Debt collectors will sometimes do whatever they need to ensure that the company gets paid. While the majority of debt collectors are fair and work within the confines of the law (Fair Debt Collection Practices Act, FDCPA) some ignores the law completely.

If you find yourself in the situation where you are dealing with a debt collector, know your rights and the rules and regulations surrounding what a debt collector can and cannot do.

When can a debt collector call?
Debt collectors can only contact you between the hours of 8 am and 9 pm, unless you tell them otherwise.

Who can a debt collector call?
Debt collectors can only discuss your debts with you: however they can call friends, family and neighbors (but only once) to find out your current address or phone number.

Is a debt collector allowed to call me at work?
He or she can only call you at work if you give them permission. If you do allow them to call you at your place of work, they are not allowed to discuss your debt with anybody else but you.

What does a debt collector have to tell me?
They have to tell you their name and also the collection company that they work for. They also have to tell you the nature of the debt and the total amount that they claim that you owe.

Can a debt collector tell anyone else about my debt?
The only other people that debt collectors can legally inform about your debt are your attorney or your spouse.

Can a debt collector garnish wages?
A debt collection agency can garnish your wages, but only if it’s legal in your state. They are not allowed to tell you that garnished wages are a possibility if it’s illegal for them to do so, or they have no plans to garnish your wages.

What about federal benefits?
The following federal benefits can’t be garnished:
• Social Security Benefits
• Supplemental Security Income (SSI) Benefits
• Veterans’ Benefits
• Civil Service and Federal Retirement and Disability Benefits
• Service Members’ Pay
• Military Annuities and Survivors’ Benefits
• Student Assistance
• Railroad Retirement Benefits
• Merchant Seamen Wages
• Longshoremen’s and Harbor Workers’ Death and Disability Benefits
• Foreign Service Retirement and Disability Benefits
• Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
• Federal Emergency Management Agency Federal Disaster Assistance

What are debt collectors absolutely not allowed to do when dealing with me about my debt?
• Use foul language
• Be verbally abusive
• Threaten violence
• Lie about who they are and what company they work for
• Lie about the nature or amount of your debt
• Threaten to garnish your wages if they cannot legally do so
• Threaten you with arrest
• Publish your name and the amount of debt you owe
• Claim they are government officials or lawyers
• Claim that documents they sent you are legal if they are not and vice versa
• Tell neighbors, friends , family or coworkers about your debt
• Constantly call and harass you by phone
• Send you notification of your debt on a postcard

If I feel that I am being harassed, threatened or mistreated by a debt collector is there anything I can do?
If you are having any issues with a debt collector you should get in contact with your state Attorney General’s office and the Federal Trade Commission. And you do have the option of suing. But remember: even if you successfully sue a debt collector, you still have to pay back the debt.

About the Author
James Hayes is a freelance writer for Credit Loan. Creditloan.com has been in the business of helping people with money problems for over twelve years. The site provides one-stop access to intuitive articles, reputable service providers and financial calculators. For example, loans come in so many varieties – from debt consolidation loans to payday loans. Creditloan.com can educate you and help you towards the right personal finance decision.

Author:

A freelance writer who writes primarily about deb consolidation, financing, real estate and loans. An avid online user, and active on many social media accounts as well. Always looking to learn more about the world of finance.

This author has published 4 articles so far.

Leave a Reply