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Know The Limits Of Debt Collectors
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Know The Limits Of Debt Collectors
With consumer credit leaping by $19.8 billion in November 2001 to a record $1.65
trillion, one shouldn’t be surprised by the trend toward aggressive debt collections.
The nation’s surprising debt load comes at a time of high unemployment rates
and an economic recession, making it harder for consumers to pay their debts. The
result: more bankruptcy filings and loan delinquencies.
Collection Rules
If collectors begin calling you, it pays to know the limits of what third-party
collection agencies can and cannot do. The Fair Debt Collection Practices Act (FDCPA)
provides consumer protection, and lets you know how to set limits the debt collector
must respect and abide by. The FDCPA prohibits harassment and misrepresentation
in cases of collections on the following types of debt:
- Personal—automobile financing, basic loan, charge cards
- Family—medical care
- Household—mortgage
Some of the features of the FDCPA cover limitations on phone contact and rules about
written correspondence. Collectors:
- Are not permitted to use obscene language.
- Cannot call before 8 a.m. or after 9 p.m.
- May not call you at work if you state that your employer disapproves of this communication.
- Must provide a written notice within five days of contacting you stating the amount
you owe, whom you owe, and what action to take if you believe you do not owe the
money.
- Cannot contact you if, within 30 days of receiving the written notice, you dispute
the debt in writing. The collector cannot try to collect the debt during that time
until they provide documentation of what is owed.
What’s a Charge-off?
As a last resort, some people who simply can’t meet their payments may be
relegated to the charge-off category, which means the creditor or lender feels there
is no alternative except to write off the debt and will no longer pursue payment.
Charge-offs stay on your credit report for seven years and are considered a serious
notation. In addition, some charged-off accounts may be sold to collection agencies
at a later date, allowing the collection of the debt to be reactivated, which means
more collections calls.
Before debt collectors get involved, you might find it worthwhile to contact the
creditors on your delinquent accounts to set up new payment plans. Even though charge-off
notations can remain on your report for seven years, new notations that you have
paid off these debts will also appear. In this case, current and future credit grantors
would likely take a positive view of making such an effort to pay off old debts.
It pays to know what your credit report says about you, and it pays even more to
know what all three of your credit reports say about you. Take a look at your 3
Bureau Online Credit Report PLUS a free score today and see your credit information
from Experian, Equifax and Trans Union. And, you can see it all in seconds!
To Learn More...
For more information about the Fair Debt Collection Practices Act, visit the
Federal Trade Commission. If you have dealt with a debt collector whose
practices were overly hostile, you can file a complaint with the FTC by contacting
the Consumer Response Center at 1-877-FTC-HELP (382-4357).
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