6 Things You Should Know About Your Rights as a Debtor

by Miranda Marquit · 3 comments

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If you’re drowning in debt, it can seem as though there’s no way out. And it doesn’t help that creditors could be calling you — maybe even your family members and neighbors are looking for you. It may seem that you are at the mercy of debt collectors, but the truth is that you have rights, and you have protections from unscrupulous collectors. The Fair Debt Collection Practices Act (FDCPA) spells out practices that debt collectors can’t engage in. So, know your rights, and don’t be afraid to report debt collectors who violate these 6 provisions in the FDCPA:

1. Debt Collectors Have to Stop Calling If You Tell them To

The hitch? You have to do it in writing. So, if you don’t want debt collectors to call you anymore, you need to write a letter (keep a copy for yourself) and send it along. I recommend using certified mail to prove the debt collector received the letter. After receiving your request, debt collectors can only contact you, by mail, to let you know of certain actions that will be taken (including a lawsuit).

2. You Have a Right to Verify the Debt

Debt collectors have to send you written notice of the debt amount and the name of the creditor, as well as let you know you have a right to dispute the debt within 30 days. This has to be sent within five days of the first communication with you. You have the right to have this debt validated, and you have the write to dispute. Once you ask, in writing (use certified mail and keep copies), for verification or if you dispute, the debt collector can’t try to collect until the matter is settled.

3. You Ask Collectors Not to Call Your Workplace

If debt collectors know your employer doesn’t want you to answer personal calls at work, or that your employer objects to these calls, they can’t call your workplace.

4. Don’t Pay More than You Owe

Ask for verification. Debt collectors can’t misrepresent your debt, claiming you owe more than you do. Additionally, they can’t tack on extra fees that aren’t allowed by your original credit agreement. Make sure you understand your original terms, and the law. You don’t have to pay more than what the law allows.

5. Debt Collectors Can’t Harass You on the Phone

The FDCPA considers certain actions harassment on the phone, and it is illegal for them to engage in these actions:

  • Threats of violence
  • Profanity or abusive language
  • Personal insults
  • Calling before 8 a.m. or after 9 p.m.
  • Repeated or continuous calls
  • Threats of arrest (no warrant will be issued for regular debts)

Debt collectors can’t harass you, and you should note harassment from debt collectors and report it.

6. Debt Collectors Can’t Inform Third Parties about Your Debt

Debt collectors aren’t supposed to publicly share your debt. Indeed, the only people that debt collectors can legally inform of your debt are the credit reporting agencies, your attorney, the creditor, the creditor’s attorney, your legal spouse, or, if you are a minor, your parents.

Additionally, debt collectors aren’t supposed to repeatedly call third parties, such as neighbors, for information about your location. If there is reason to believe previously provided information is false, a debt collector can call a third party once to get location information (but they cannot discuss the debt in the process).

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{ read the comments below or add one }

David knaak January 22, 2013 at 1:41 pm

How does any of this pertain to bank foreclosures and the robo signing that ensued ? If the institution is big enough and powerful enough the rules don’t apply. This reply is pertaining to rules numbers 2 and 4.

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karen July 30, 2012 at 1:49 pm

Who do I complain to about harassing calls from debt for a credit card?

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Vince Thorne October 27, 2011 at 12:50 pm

Debt collectors can be a menace. Best way to get over them is to pay off what you owe. If you are in debt the law prevents harassment true but they can hurt your credit history real bad. Not worth playing hide and seek with them. Just tell them your payment plan and stick to it and they should be fine with it. They cannot atke money that you don’t have.

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