Additional Rights You Have are the Rights to Refuse Their Correspondence

It is illegal for them to call you at work, or at home or have your mailbox flooded with dunning notices. If a debt collector is bothering you simply send them a certified letter called a cease and desist letter. In the letter tell them you do not wish to be contacted any further by mail or phone. They must abide by your request. If they do not, you can hold them liable under the Fair Debt Collection Practices Act. Any third party debt collector or collection attorney is under the guise of the Fair Debt Collection Practices Act. Only an employee of the original creditor whose occupation within that company is to collect debts is exempt. 

Once you put them on such notice then they can only contact you one last time to tell you that they are planning to sue you. If this happens you have to use common sense and weigh the facts before panicking. Is the debt large enough to consider suit? Well, if it is under $500.00, probably not. Collectors love to threaten to get payment but that too is a violation. They can not threaten to sue a person if they had no intention of following through. If the debt is large enough to sue you then make sure you look at the statute of limitations for the debt.

If the Statute of Limitations has expired then legally you are not obligated to pay that debt. If they did sue you, all you would have to do is show up and tell the presiding Judge that the Statute of Limitations is expired. Another factor to consider is where the creditor is located and if they have offices near you. Do you think a debt collector is going to fly to your state to sue you? Probably not. They may have offices near you and that needs to be considered or they may sell the debt to a collection agency near you. Again, all this is neither here nor there if they do nothing.

You Have The Right to Negotiate the Debt

A debt collector wants to be paid. They are paid and rated by how they collect. If they are having a very slow month and you offer to settle an otherwise uncollectible debt, you may get your way. You have to consider timing. Debt collectors are more inclined to agree to settle towards the end of the month.  

Check this complete listing of collection agencies license and bond information by state. CLICK HERE

Remember This: Consumer Protection Laws Protect "You The Consumer"

-You cannot be harassed
-They cannot tell third parties about the debt.
-They cannot call you after 9PM or before 8AM
-They cannot threaten you or use scare tactics
-They cannot legally sue you for an expired debt
-They cannot contact you once you put them on notice not to
-They must be able to verify and validate of the debt

Fair Debt Collection Practices Act

People fail to meet their credit obligations for a variety of reasons. These range from over-extension of finances to unemployment and illness. Whatever the reason, every person is protected by the federal Fair Debt Collection Practices Act. Congress passed this act to protect consumers from harassment by debt collectors. Personal, family, and household debts are covered under the act. This includes money owed for the purchase of an automobile, for medical care, or for credit card and charge accounts.

Limitations on Contacting the Consumer

A debt collector may only contact a person between the hours of 8 a.m. and 9 p.m. Debt collectors may not contact the consumer at his job if the debt collector is aware that the employer prohibits personal calls. A person may notify a debt collector in writing if he or she does not want any further contact with the collector. Once this notice has been received, the debt collector must stop all communications, except to notify the person that a specific action will be taken.

Can Debt Collectors Tell Someone Else About Your Debt?

No! A debt collector can discuss your debt only with your attorney, a credit bureau, the creditor, and the creditor's lawyer. However, the debt collector can contact other people to find out where the debtor lives or works.

What Debt Collection Practices are Forbidden?

Debt collectors may not harass, intimidate, threaten, or embarrass you. Debt collectors may not make false or misleading statements, such as falsely associating themselves with a government office or credit bureau. They may not use misleading or false threats of imprisonment or criminal charges.

What to do if a Debt Collector Violates the Act?

Keep detailed records of any communication you have with the debt collector. Include time, date, and the name of the person with whom you spoke. Keep a copy of all written correspondence between you and the debt collector. Also, if a debt collection agency order your credit reports before they have validated the debt then they may have violated the Fair Credit Reporting Act and the Fair Debt Collection Practices Act

Debt Collection Practices: Sec. 1692(d). - Harassment or Abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller's identity.

Remember:

If you do not answer debt collections letters, the debt collector and the courts can and will assume the debt to be valid. If the debt collector gets a judgment against you; YOU LOSE! Your wages will be garnished and you may have a lien placed on your property. You MUST protect your rights before the debt collector gets an arbitration award and the case goes to court!