Notes About Business

If you are in debt, you’re probably already aware of the rights you have under the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, which is also known as the FDCPA, says that you have the right to expect certain debt collection practices from debt collectors.

The FDCPA tells debt collectors how and when they can contact you, and what they’re allowed to say to you to collect on a debt. An example of this is that bill collectors can’t lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. What you probably don’t know about the FDCPA, however, is that even bill collectors have rights.

The first of their rights is to communicate with you in order to let you know about any debts you owe. They can do this via telephone or letter. In this communication, they can let you know exactly what you owe, including whatever fees or penalties they may charge you.

Second, they have the right to contact you until you let them know in writing that you don’t owe them money, that you don’t owe as much as they say, or that you demand that they provide verification that you owe the debt. Of course, under the FDCPA, they’re limited in when and how they can communicate with you, but if they stay within the rules of the FDCPA, they can keep contacting you until you tell them to stop.

Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they’re allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn’t see creditors as being the same as debt collectors, so they don’t have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.

Fourth, a debt collector has the right to contact others about your debt. They can only do this once, though, and they can only do it to find out your address, your telephone number, or the place where you work. They are, however, prohibited from contacting any third party multiple times, because that would be harassment.

Finally, a debt collector has the right to sue you to collect on a debt that you owe. Of course, you have the right to defend yourself in court, but if a judgment is made against you, your wages may be garnished.

If you’re forced to deal with any debt collectors, you need to know your legal rights. You also need to know the rights that debt collectors have under the law. This knowledge can show you how to deal better with these guys when and if they cause you any problems.