Debt Collection Agencies Guidelines
- Consumers are often unaware of their rights regarding debt collection. The federal Fair Debt Collection Practices Act (FDCPA) contains debt collection guidelines that debt collectors must follow when attempting to collect a debt. A thorough understanding of the FDCPA can help you protect yourself against unlawful harassment from unethical debt collectors.
- Debt collectors are not permitted to call you before 8 a.m. or after 9 p.m. without your approval. A debt collector must cease contacting you at work if you inform him, either in writing or orally, that you cannot receive calls at work. Collection agencies may contact your employer to verify your employment status, but cannot discuss your case. The law protects you against unwanted collection calls, even if you owe the debt. Once the collector receives a written notice to cease contact, he may only contact you to inform you of his intent to take a specific action, like filing a lawsuit.
- If you have retained an attorney, the collection agency cannot contact you. All contact should be through your attorney. If you do not have an attorney, a debt collector may contact a third party, like a relative, to obtain your address, home phone number and your place of employment. Generally, debt collectors may not contact third parties more than once. Besides inquiring about your location information, collectors cannot discuss a debt with a third party, except for your attorney or your spouse.
- You should receive a validation notice within five days of the collector's first contact. The notice should include the original creditor's name and the account balance. It should also contain instructions on how to proceed if you dispute the debt.
- The debt collector may not contact you if you send him a letter disputing all or part of the debt, or if you request verification. You need to mail the letter no later than 30 days after receiving the validation notice. However, if the collector sends you a copy of a bill to verify the debt, he may legally start contacting you again.
- Collection agencies cannot threaten to put you in jail if you don't pay. Collectors may not call you names, use profane language or threaten to physically harm you or your family.
- Collectors cannot garnish your wages or debit your bank account without a court order. Certain benefits, such as Social Security benefits, veteran's benefits, student assistance, merchant seamen's wages and service member's pay are exempt from garnishment.