Collection Agencies

General Information You Must Know

The Fair Debt Collection Practices Act governs and regulates third party collection agencies.  Please read the following summary of information we have been able to gather in order to understand your rights.

Debt Collectors are prohibited from:

• Calling you before 8:OOAM or after 9:OOPM without your authority.
• Calling you at work if informed that your employer does not allow debt collector calls.
• Calling you if you have sent them a letter asking them to stop.  They may contact you to acknowledge that there will be no contact or to inform you that the creditor intends to take some action against you.
• Calling you if you have hired an attorney to represent you.
• Informing third parties other than you or your attorney that you owe money.  They may, however, contact third parties to gain information about your whereabouts.
• Failing to send you written notice of the amount of your debt, name of the creditor, and what to do if you believe you don't owe the money, within 5 days of initially calling you.
• Calling you if, within 30 days of receiving written notice of your debt from the collector, you respond in writing that you do not owe the debt.  However, collection tactics can resume once the collection agency has sent you written proof of the debt from the credit card company or creditor.
• Calling you without identifying themselves.
• Lying to you in order to coerce you into paying the debt.
• Harassing you through obscene language or threatening remarks.
• Threatening you with garnishments or legal action unless this is actually going to be done.
• Sending you documents that appear to be official in nature such as summonses or subpoenas if they are not actually official documents.
• Calling you collect.
• Depositing post dated checks
• Advertising your debt except to credit bureaus
• Showing their return address on an envelope sent to you if that address clearly identifies a debt collection agency.
• Not applying your payment to the bills you select.

This information is subject to periodic updating.  It should not be relied upon nor is it intended to be or replace any legal advice.  If you need legal advice please consult an attorney.