Trusted local news leader for Kingman, Arizona & Mohave County
Tue, April 23

Debt collectors bugging you?

Move along, people, there's nothing to see here. It's just another poor soul who didn't know his/her rights and was caught in the debt collector's web of deceit.

If collection agency personnel are reading this article, I may have to check under my car for strange wiring before turning the ignition. Why? Because they don't want you to know what I'm about to tell you regarding your legal rights concerning debts you may or may not owe.

Knowing the full scoop on what collection agency "annoyance limits" are, the better you'll sleep tonight and not dread that early evening call from your friendly, neighborhood debt collector while you're eating dinner. You may owe, but you still have rights. Cut this article out of the Miner and stash it some place safe. You may need it down the line.

In 1977, the federal government had an epiphany and passed the Fair Credit Collection Practices Act, which protects you from abusive collectors. You can't play the game if you don't know the rules and the players. Here's what I know - what you should know:

Contacting a debtor: A collector may contact you in person, by mail, telephone, telegram or fax. However, a collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. And no collector can contact you at work if the collector knows your employer disapproves of such contact.

Contacting a third party about your debt: If you have an attorney, the debt collector must contact the attorney rather than you. If no attorney is involved, a collector may contact other people but only to find out where you live, what your phone number is and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

Giving written notice: 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 debt.

When a consumer doesn't owe the money: A collector must cease any contact with you if within 30 days after you receive the written notice 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.

No harassment: Debt collectors may not harass, oppress or abuse you or any third party they contact.

Here are the rules of the game. 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.

• Give false credit information about you to anyone, including a credit bureau.

• Send you anything that looks like an official document from a court or government agency when it is not.

Debt collectors may not state or threaten 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 when such action legally may not be taken or when they do not intend to take such action.

No unfair practices: A debt collector may not engage in unfair practices when they try to collect a debt.

Debt collectors may not:

• Collect any amount greater than your debt, unless your state law permits such a charge.

• Deposit a postdated check prematurely.

• Use deception to make you accept collect calls or pay for telegrams.

• Take or threaten to take your property unless this can be done legally.

Now you know how to play the game.

You have rights - use them to your advantage.


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