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Dealing with Creditors
It's bad enough to experience job loss or other financial hardships, but now you're behind on your bills and the creditors have started calling--some seem to be calling every hour. Is there anything you can do?
First of all, you do have rights, the Fair Debt Collection Practices Act, to be exact.
The Federal Trade Commission is the governmental agency responsible for enforcing the FDCPA. Read on for some of your rights when dealing with debt collectors.
1. A debt collector may not contact you before 8:00 a.m. or after 9:00 p.m.
2. If you write and tell them not to, debt collectors can't contact you at work.
3. If you don't want to talk to a debt collector, you don't have to. Contact them in writing and tell them to cease and desist contacting you regarding the debt. They can still contact you to tell you they won't be contacting you again or that they intend to start legal proceedings.
4. Debt collectors may not threaten to harm you. They can't use profanities when speaking to you.
5. They can't arrest you and it's illegal for them to say they are going to do so.
6. They can't threaten to seize wages or bank accounts unless they are legally able and plan to do so.
7. A debt collector must send you, in writing, a notice that they intend to collect a debt. They must give you enough time to respond.
8. A debt collector can't discuss your debt with anyone but you, your spouse, or your attorney.
If you think a debt collector is in violation of the FDCPA, you can file a complaint with your state's attorney general's office or the Federal Trade Commission. You also have the right to sue any debt collector in violation of the FDCPA.
It's important to note that even if a debt collector is in violation of the act, you are not released from paying the debt.
The best thing you can do when you are contacted by a debt collector is to remain calm and try to stay in contact with them. You should, however, be aware that you do have rights when dealing with debt collectors.
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