More Rights You Have Against Debt Collectors

In of CreditGuy (August 22, 2008 8:23 pm)

A List Of Rights You Have Against Debt Collectors (Part 2)

False or Misleading Representations: Collection agencies are prohibited from making false or misleading representations to consumers in the course of trying to secure debt repayment. Some violations of the-law in this area include:

  1. Falsely stating or implying that the debt collector is bonded by, or associated with any federal or state government entity.
  2. Falsely representing the nature of any debt, the amount owed, the legal status of the account, or compensation paid to the collection agency for recovering the debt.
  3. Falsely claiming that the debt collector is an attorney or represents an attorney.
  4. Falsely asserting that you will be imprisoned or arrested if you don’t pay your bills (debtors’ prisons don’t exist anymore in this country).
  5. Falsely representing that your failure to pay could result in your wages being garnished, your property being seized, or your assets being sold – unless such measures are lawful, and unless the debt collector actually intends to take those actions.
  6. Falsely stating such misinformation such as the documents they send to you represent a legal process or that the debt collector works for a credit bureau.

Harrassment: No debt collector is legally allowed to harass, abuse or oppress you – under any circumstances whatsoever. Any of the’ following tactics are violations of the Fair Debt Collection Practices Act:

  1. The use of violence, or the threat of it, or any criminal action that would hurt a person’s body, property or reputation.
  2. Obscene or profane language (verbal or written).
  3. Publishing any lists (except to a credit bureau) that shows consumers who refused to pay a debt.
  4. Threatening or actually posting the debt for sale to another party in order to compel repayment.
  5. Constantly calling an individual on the telephone or engaging a consumer in repeated conversations with the intention to annoy, abuse or harass someone.

Furnishing Certain Deceptive Forms: Debt collection agencies are prohibited from supplying you with misleading or deceptive forms in a bid to make you pay your debts. The Fair Debt Collections Reporting Act states that it is unlawful for debt collectors to design compile or furnish any form knowing that such a form would create a false belief or a false impression that anyone other than the debt collection agency is participating in the collection activity (for example, debt collectors can’t falsely claim lawyers or government agencies are involved).

Once again, knowledge is your best defense against harrassment and debt collectors going beyond their legal bounds. Know you rights and get some peace back in your life.

Paul Daniels


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