CREDIT.COM
By Shelby Bremer
09/052013
1. “Let’s see what your boss has to say about this.”
Debt collectors cannot legally tell or threaten to tell anyone about your debt. They may contact your friends, neighbors, workplace, etc., once in order to locate you, but cannot reveal details about your debt to any third party, and they can’t contact anyone other than you more than once (unless that person gives permission). When it comes to your job, debt collectors are not allowed to threaten your employment, nor garnish your wages without permission of a court.
2. “We’re going to have you arrested if you don’t pay.”
Debt collectors cannot say that your credit report or credit score will be negatively affected if you don’t pay them immediately, and similarly, they cannot misrepresent themselves as working for a credit reporting agency in order to scare you.
4. “I don’t have to tell you that.”
As soon as a debt collector contacts you the very first time, ask for written notice of the debt. Under the law, a collector must provide this notice with the amount of the debt, name of the creditor and statement of your right to dispute the debt, within five days of initial contact. Don’t do anything until you receive confirmation that your debt is real, and they’re not trying to scam you. Debt collectors are also legally required to reveal what company they work for, should you ask. And if you dispute a debt in writing, the collection agency must stop contacting you until it provides written verification of the debt.
5. “I’ll keep calling.”
Collection agencies can’t call you before 8 A.M. or after 9 P.M., and if you ask that they stop calling you at work (orally or through written request), they’re legally required to stop. You also have a right to tell the collector to cease contact altogether (or to work through your attorney, if you hire one). Your request to stop contact must be in writing, so make a copy of your letter and send the original via certified mail, to know when they’ve received it. Once they have, your debt isn’t gone, but they cannot contact you unless the creditor is taking specific legal action, like filing a lawsuit.
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Use the FCRA on credit collection parasites |
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Fair Debt Collection Practices Act |
If you’re worried about how a collection could be impacting your credit, you can check your credit score using a free tool like Credit.com’s Credit Report Card, which gives you your score plus a breakdown of the major components of your credit score – payment history, credit usage, length of credit history, mix of credit and new credit – to see what areas you need to work on. You can then do a deeper dive by checking your three major credit reports, which you can get for free every year.