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    mr.yet Posts: 1,725, Reputation: 176
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    Jan 11, 2009, 05:53 AM
    Fair Debt Collection FYI
    Here is the full text of the Fair Debt Collection Practices Act: http://www.google.com/url?sa=t&sourc...Y8La2roSGRfHFQ

    If you use credit cards, owe money on a personal loan, or are paying
    On a home mortgage, you are a "debtor." If you fall behind in
    Repaying your creditors, or an error is made on your accounts, you
    May be contacted by a "debt collector."

    You should know that in either situation the Fair Debt Collection
    Practices Act requires that debt collectors treat you fairly by
    Prohibiting certain methods of debt collection. Of course, the law
    Does not forgive any legitimate debt you owe.

    WHAT DEBTS ARE COVERED?

    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 charge accounts.

    WHO IS A DEBT COLLECTOR?

    A debt collector is any person, other than the creditor, who
    Regularly collects debts owed to others. Under a 1986 amendment to
    The Fair Debt Collection Practices Act, this includes attorneys who
    Collect debts on a regular basis.

    HOW MAY A DEBT COLLECTOR CONTACT YOU?

    A collector may contact you in person, by mail, telephone, telegram,
    Or FAX. However, a debt collector may not contact you at unreasonable
    Times or places, such as before 8 a.m. or after 9 p.m. unless you
    Agree. A debt collector also may not contact you at work if the
    Collector knows that your employer disapproves.

    CAN YOU STOP A DEBT COLLECTOR FROM CONTACTING YOU?

    You may stop a collector from contacting you by writing a letter to
    The collection agency telling them to stop. Once the agency receives
    Your letter, they may not contact you again except to say there will
    Be no further contact. Another exception is that the agency may
    Notify you if the debt collector or the creditor intends to take some
    Specific action.

    MAY A DEBT COLLECTOR CONTACT ANY PERSON OTHER THAN YOU CONCERNING
    YOUR DEBT?

    If you have an attorney, the debt collector may not contact anyone
    Other than your attorney. If you do not have an attorney, a collector
    May contact other people, but only to find out where you live and
    Work. Collectors usually are prohibited from contacting such
    Permissible third parties more than once. In most cases, the
    Collector is not permitted to tell anyone other than you and your
    Attorney that you owe money.

    WHAT IS THE DEBT COLLECTOR REQUIRED TO TELL YOU ABOUT THE DEBT?

    Within five days after you are first contacted, the collector must
    Send you a written notice telling you the amount of money you owe;
    The name of the creditor to whom you owe the money; and what action
    To take if you believe you do not owe the money.

    MAY A DEBT COLLECTOR CONTINUE TO CONTACT YOU IF YOU BELIEVE YOU DO
    NOT OWE MONEY?

    A collector may not contact you if, within 30 days after you are
    First contacted, you send the collection agency a letter stating you
    Do not owe money. However, a collector can renew collection
    Activities if you are sent proof of the debt, such as a copy of a
    Bill for the amount owed.

    WHAT TYPES OF DEBT COLLECTION PRACTICES ARE PROHIBITED?

    Harassment. Debt collectors may not harass, oppress, or abuse any
    Person. For example, debt collectors may not:

    * use threats of violence or harm against the person, property, or
    Reputation;

    * publish a list of consumers who refuse to pay their debts (except
    To a credit bureau);

    * use obscene or profane language;

    * repeatedly use the telephone to annoy someone;

    * telephone people without identifying themselves;

    * advertise your debt.

    False statements. Debt collectors may not use any false statements
    When collecting a debt. For example, debt collectors may not:

    * falsely imply that they are attorneys or government
    Representatives;

    * falsely imply that you have committed a crime;

    * falsely represent that they operate or work for a credit bureau;

    * misrepresent the amount of your debt;

    * misrepresent the involvement of an attorney in collecting a debt;

    * indicate that papers being sent to you are legal forms when they
    Are not;

    * indicate that papers being sent to you are not legal forms when
    They are.

    Debt collectors also may not state that:

    * you will be arrested if you do not pay your debt;

    * they will seize, garnish, attach, or sell your property or wages,
    Unless the collection agency or creditor intends to do so, and it
    Is legal to do so;

    * actions, such as a lawsuit, will be taken against you, which
    Legally may not be taken, or which they do not intend to take.

    Debt collectors may not:

    * give false credit information about you to anyone;

    * send you anything that looks like an official document from a
    Court or government agency when it is not;

    * use a false name.

    Unfair practices. Debt collectors may not engage in unfair practices
    In attempting to collect a debt. For example, collectors may not:

    * collect any amount greater than your debt, unless allowed by law;

    * deposit a post-dated check prematurely;

    * make you accept collect calls or pay for telegrams;

    * take or threaten to take your property unless this can be done
    Legally;

    * contact you by postcard.

    WHAT CONTROL DO YOU HAVE OVER PAYMENT OF DEBTS?

    If you owe more than one debt, any payment you make must be applied
    To the debt you indicate. A debt collector may not apply a payment to
    Any debt you believe you do not owe.

    WHAT CAN YOU DO IF YOU BELIEVE A DEBT COLLECTOR VIOLATED THE LAW?

    You have the right to sue a collector in a state or federal court
    Within one year from the date you believe the law was violated. If
    You win, you may recover money for the damages you suffered. Court
    Costs and attorney's fees also can be recovered. A group of people
    Also may sue a debt collector and recover money for damages up to
    $500,000, or one percent of the collector's net worth, whichever is
    Less.

    WHERE CAN YOU REPORT A DEBT COLLECTOR FOR AN ALLEGED VIOLATION OF THE
    LAW?

    Report any problems you have with a debt collector to your state
    Attorney General's office and the Federal Trade Commission. Many
    States also have their own debt collection laws and your Attorney
    General's office can help you determine your rights.

    If you have questions about the Fair Debt Collection Practices Act,
    Or your rights under the Act, write: Correspondence Branch, Federal
    Trade Commission, Washington, D.C. 20580. Although the FTC generally
    Cannot intervene in individual disputes, the information you provide
    May indicate a pattern of possible law violations requiring action by
    The Commission.
    -----
    Modified from 9/92 Federal Trade Commission material

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