debt collection laws by state
Related to the collection of debt is something that consumers fear. Most people feel intimidated when a collection agent calls to inform card debt credit outstanding, a debt to history or a loan car. Fearing that he could put behind bars or their wages will be garnished, the majority of consumers ignore collection calls and letters from recovery. But, according to credit counselors consumer and state regulators ignoring phone calls and letters from collection agency is a bad idea advising consumers to meet, otherwise matters can only get worse.
The Fair Debt Collection Collection Practices Act (FDCPA) allows consumers of certain rights to deal with collection agencies. Under FDCPA debt collectors may not:
• Call a consumer before 8 am or after 9 hours
• Talk to one third, including his family, friends, colleagues, neighbors or employees of the debt. The collector may talk to your attorney (if any) debt.
• threatening to take legal action unless they really want to do. In some states, third-party collection agencies can not sue.
• threatening to seize wages, prison or foreclosure properties, unless you really want to do. Wage garnishment is not legal in some states, and in others requires a court order. In many states, confiscation of property is also prohibited. Therefore, it is advisable to consult your local attorney General of the State Office of State for the protection of consumers to know what is legal in your state.
• You threaten to arrest or jail.
• incur in unethical behavior or misleading errors, damage or defraud consumers.
• Using obscene language or racial insults.
• annoy, harass or threaten to repeated calls or letters.
• Call us at work knowing that their employers are not as such calls.
• falsely presented as lawyers, representatives from a credit bureau or members of law enforcement.
Where is the collection agency in question is a violation of the FDCPA when you contact your local office of the Attorney General and file a complaint against the agency. You can also file a complaint with the FTC.
If you do not want to receive calls from the collection agency by law, you may send a "cease and desist". While sending a "cease and desist" Include your name, address and account number, and notify the company that you do not want to communicate more with them. Send the letter certified mail with return receipt of a request to have proof that the collection agency has received your letter. However, remember that sending a "cease and desist" not cancel your debt. The original creditor or collection agency can even sue you, or the original creditor can simply hire another third-party debt collector.
About the Author:
Author Bio:
This article is written by Jason Holmes, a community writer of Debt consolidation care. Jason Holmes has been writing on debt settlement, debt consolidation, credit card debt, debt consolidation loans and various other financial aspects.
Article Source: ArticlesBase.com – Dealing With Debt Collection Agencies
THE FAIR DEBT COLLECTION PRACTICES ACT 4
