How To Get Collection Agency To Stop Calling

DID YOU KNOW DEBT COLLECTORS CANNOT:

1.CAN A DEBT COLLECTOR USE PROFANITY OR OBSCENE LANGUAGE?

Answer: No. A Debt Collector cannot use obscene vulgar language at any time. The Federal Fair Debt Collection Act Prohibits Profane and Threatening Language to get you to pay the debt. They cannot abuse the hearer as to call you a “Deadbeat” or “Flake”. This is also illegal.

2.CAN A DEBT COLLECTOR CONTACT YOU REPEATEDLY BY TELEPHONE?
Answer: No. The Law does not limit the number of calls a Debt Collector can make. However, repeated or continuous calls over a short period of time , in an effort to harass or annoy you are prohibited.

3.CAN A DEBT COLLECTOR LEAVE MESSAGES WITH NEIGHBORS OR FRIENDS AND DISCUSS THE DEBT WITH THEM?

Answer: No. If a Debt Collector is talking to a person not Directly involved with the account. They cannot give or discuss any information other than their name and number. Only if asked, where they are calling from. The Debt cannot be discussed. While the content of the message is limited they cannot confuse the nature of the call by using terms
“emergency” or “Urgent” this is an Unfair collection practice act.

4.CAN A DEBT COLLECTOR THREATEN LEGAL ACTION IF THEY DON’T INTEND TO SUE YOU?

If legal action is threatened, they must intend to sue you if payment is not made. Normally Junk debt Buyers or Collection Agencies want to sue under a certain amount not worth their time. However they can sue you at any time, it’s a debt. And also if the client Authorizes the Suit.

5.CAN A DEBT COLLECTOR MISREPRESENT THEMSELVES?

Answer: No. A Debt Collector cannot pass themself off as being anyone other than a Debt Collector including any of the following:

a) An Attorney
b) A Law Enforcement Official
c) Being affiliated with a federal, state, or local government agency.
d) Being an employer of credit reporting agency unless the agency provides credit reports

6. CAN THE COLLECTION AGENCY OR JUNK DEBT BUYER THREATEN TO REPORT TO THE CREDIT BUREAUS AND NOT DO SO?

Answer: No. A debt collector cannot threaten to provide information that is false to the credit bureaus. They also cannot threaten they are going to report it if there is no intent to report the information. A Junk Debt Buyer or Collection Agency can report to the Credit Bureaus if that is a standard practice of their business. If this information is provided to the 3 credit bureaus they have to update the status of any changes.

7. CAN A DEBT COLLECTOR THREATEN YOU WITH ARREST, IMPRISONMENT, BODILY HARM OR SEIZURE, GARNISHMENT, ATTACHMENT, OR SALE OF PERSONAL PROPERTY OR MY WAGES?

Answer: No. A debt collector cannot arrest you for non payment of a debt. They cannot threaten bodily harm to you or damage to your property or reputation. Seizure, garnishment, attachment and sale. Are the legal means available to them to enforce payment? Only after you have been served with a summons, and after a court of law has awarded them a judgement.

8. CAN A NOTICE THEY SEND ME CONTAIN FALSE MISLEADING STATEMENTS OR SIMULATE LEGAL OR GOVERNMENT DOCUMENTS?

Answer: No. Notices cannot threaten any action that the Junk debt Buyer or Collection Agency doesn’t intend to take. The notice cannot look like Government or Legal documents to intimidate you. Examples of statements which are false and misleading. “Notice to Appear” or “Office of Cashier” on the envelope.

9. WHAT EXTRA CHARGES CAN BE ADDED TO MY ACCOUNT?

Answer: Junk Debt Buyers and Collection Agencies usually charge between 7% and 10% interest per year on your unpaid balance. The original contract you signed could call for a larger amount. Court costs and attorney fees may be added on a judgement if awarded against you in a court of law.

10. CAN A DEBT COLLECTOR DEMAND POST DATED CHECK OR DEBIT CARD ON FILE FOR PAYMENT?

Answer: Yes. There is no Law preventing a debt collector asking you for post dated checks or a debit card on file if a payment arrangement is offered to you. Most of the time this is the only way a payment arrangement is made with a debt collector requirement by them. They Must send you a notice 3 to 10 days prior to the date of your payment.
FDCPA only applies to consumer debt, not debt that someone owes directly to a creditor.

All states require collection agencies to be licensed. It’s important to find out if they are even licensed in your state. If you've been sent a debt collection notice, or contacted you about past due debts. Know your consumer's debt collection rights before you respond.

11. HOW CAN YOU HELP?

Answer: Debt buyers and agencies hate informed people prepared with legal forms. Download the legal forms today from Our site. We help by providing you with legal forms, so you know what the next steps to take when you receive a debt collection notice of debt collection phone call. Forms for Credit Disputes, to advise when challenging an continue... incorrect debt. We provide action plans for each situation to keep you informed when handling a collection agency.

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