|
Click Here to
Stop Collection
Company Abuse
|
Your
consumer rights regarding your credit file are ensured by
several federal laws. In addition,
state law may also apply. The Fair Credit Reporting Act (FCRA)
was designed specifically to help ensure that credit bureaus
furnish businesses with correct and complete information
to use when evaluating your application or your
creditworthiness.
The FCRA protects consumers by requiring credit bureaus to adopt
reasonable procedures regarding confidentiality, accuracy and
proper use of your credit information. In summary, the FCRA
states:
"You have the right to know the name of anyone who received your
credit report in the last year for most purposes and in the last
two years for employment purposes; At your request, a credit
reporting agency must provide you with your credit file. You are
entitled to one free report per year if a) you are unemployed
and plan to seek employment in 60 days, b) you are on welfare or
c) your report is inaccurate due to fraud. If you have been
denied credit, you also may request a free copy of your credit
report,as long as the credit file is requested within 60 days of
denial notification. Inaccurate information must be
corrected or deleted by the credit reporting agency, usually
within 30 days after you successfully dispute the information. A
credit reporting agency may not report negative information, in
most cases, that is more than seven years old, or in the case of
bankruptcies, 10 years old; Your consent is required for reports
that are provided to employers, or for reports that contain
medical information; and, Access to your file is limited only to
those with a need recognized by the FCRA-;usually to consider an
application with a creditor, insurer, employer, landlord or
other business."
What rights do I have when a debt collector or creditor is
trying to collect money from me?
Below is an overview of what a debt collection agency or creditor legally
can, or can not do, in their efforts to collect money from you.
Please contact our firm through the online form or by phone,
for help if you think your rights have been violated.
Can I stop a debt collector from contacting me?
You can stop a debt collector from contacting you by writing a
letter to the collector telling them to stop. Once the collector
receives your letter, they may not contact you again, except to
tell you there will be no further contact, or to notify you that
the debt collector, or the creditor intends to take some
specific action. Sending a letter to a debt collector that you
actually owe money to will not get rid of this debt, however.
You could still be sued by the creditor or collection agency.
May a debt collector contact anyone else about my debt?
The debt collector must contact your attorney, if you have one,
rather than you. If you do not have an attorney, a collector may
contact other people, but only to find out where you live, what
your phone number is, and where you work. Also, collectors are
only allowed to contact a third party once. In most cases, the
collector may not tell anyone other than you and your attorney
that you owe money. However, a debt collector may not disclose
to anyone other than you or your spouse, anything about the
alleged debt.
May a debt collector contact me at work?
Initially, yes, but if you tell them (orally or in writing) that
you are not allowed to get calls at work, they may NOT call you
back at work.
Can I dispute a debt at anytime?
Yes, you can dispute any aspect of the alleged debt, orally or
in writing and at any time. Also, if you do dispute the debt and
the collector reports to credit reporting agencies, they must
list the debt as "disputed" on your credit reports.
Some common collection tactics collection
agencies may use.
Some collection agencies do employ collection methods involving
the use of false and misleading statements. A common tactic is
to insist that you wire the money that you owe through Western
Union. They might tell you that if they do not receive the funds
immediately, interest might be added to your debt. It's only
going to add more money to your debt in Western Union fees if
you did do it. Many collectors, especially when a debt is more
than 90-days past due, will suggest several "urgency payment"
options, including:
Sending money by express or overnight mail. This will add at
least $10 to your bill. A first class stamp is fine.
Wiring money through Western Union's Quick Collect or American
Express' Moneygram. This is another $10 waste.
Putting your payment on a credit card not charged to its
maximum. You'll never get out of debt if you do this.
Provide your checking account number so that they can access
your funds immediately over the telephone (or they will "post
date" the check for when you know that the funds will be in your
account). Are you crazy? NEVER give out your
checking account and check routing numbers.
While the FDCPA allows a collector to add interest if your
original agreement calls for the addition of interest during
collection proceedings, or the addition of such interest is
allowed under state law, it is not necessary to spend the money
or risk your checking account for an "urgent" payment. The three
or four days it may take to mail a payment with a first class
stamp, if they do decide to come after you for interest, won't
break the bank.
If I Believe A Debt Collector Has Violated The Law, What Can
I Do?
You have the right to sue in a state or federal court within one
year from the date the law was violated. You may recover money
for the damages you suffered including emotional stress. Also
you can sue for statutory damages up to $1000 if you prove a
violation under the law. Finally, court costs and attorney’s
fees can be recovered. A group of people also may sue a debt
collector and recover money for damages.
Is there specific information the debt collector must tell me
about the debt?
The collector must send you a written notice telling you the
amount of money you owe within five days after you are first
contacted. This information must include the name of the
creditor to whom you owe the money, and how to proceed if you
believe you do not owe the money.
Can a debt collector continue to contact me if I believe I do
NOT owe money?
A collector may NOT contact 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 actual proof of the
debt, such as a copy of a bill for the amount you owe.
What types of debt collection practices are not allowed?
HARASSMENT
Debt collectors may not harass, oppress, or abuse you or any
third parties they contact. For example, debt collectors may
not:
 | Use threats of violence or harm;
|
| 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.
|
| Call before 8AM or after 9PM
|
FALSE STATEMENTS
Debt collectors may not use any false or misleading statements
when collecting a debt. For example, debt collectors may not:
| Tell you that they are attorneys or government representatives,
when in fact, they are not |
| Falsely imply that you have committed a crime;
|
| Misrepresent that they operate or work for a credit bureau ;
|
| Misrepresent the amount of your debt;
|
| Indicate that papers being sent to you are not legal forms when
they in fact, are; |
| State that you will be arrested if you do not pay your debt;
|
| Threaten to seize, garnish, attach, or sell your property or
wages, unless the collection agency or creditor intends to do
so, and it is a legal action; |
| Threaten that 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. |
| In addition, debt collectors may not:
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 and is not an official document.
|
| Use a false name in their attempts to collect your debt.
|
UNFAIR PRACTICES
Debt collectors may not engage in unfair practices when they try
to collect a debt. For example, collectors may not:
| Collect an amount that is greater than your debt, unless your
state law permits such a charge |
| Deposit a post-dated check early or 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, or contact you by postcard.
|
If I Believe A Debt Collector Has Violated The Law, What Can
I Do?
You have the right to sue in a state or federal court within one
year from the date the law was violated. You may recover money
for the damages you suffered. In addition, court costs and
attorney's fees CAN be recovered. A group of people also may sue
a debt collector and recover money for damages.
If you feel you have a legitimate case against a creditor or
debt collector CLICK HERE to submit your information online. We
will review your case and contact you either via e-mail or
phone.
|
|
|
The Fair Credit Reporting Act (FCRA), a
federal law, was created to help protect the privacy of information in the
files and reports that are created by each "consumer reporting agency" (CRA).
This information shows whether or not you pay your bills on time, what
credit accounts you have open or closed, and your long term payment history.
In addition the report provides personal information including social
security number, address, phone number and place of employment. If you apply
for a credit card, bank or other loan, or seek housing through rental, those
you apply to will need to see your report. The FCRA gives you specific
rights. You may have additional rights under state law. (more...)
|
|
