Friday, November 6, 2009

What are my rights against debt collectors?

I answered a call from my brother-in-law, or at least I thought because the caller ID showed his number, but I find out that it was a debt collector. How this happened I want to know and isn't it illegal to use deception like that?

What are my rights against debt collectors?
No, debt collectors are not allowed to use deceptive practices in their attempts to collect a debt. However, they always do because nobody has the money to stand up against them and force them to behave in accordance with the Fair Debt Collection Practices Act. They know this, so they continually push the boundaries.





However, I do not believe that they were using a deceptive practice in order to get you on the phone. It is far more likely that there was some electronic glitch with your caller ID.





However, I applaud you in attempting to educate yourself on what is and is not acceptable behavior of the collection agencies. Continuing to do so and encouraging others to do so is the best protection you can have from them. Remember the adage that I live by when it comes to bill collectors: ALL BILL COLLECTORS LIE ALL THE TIME. If you remember that, you should be able to protect yourself.





If you have any other questions you may contact me at nebula7693@yahoo.com
Reply:Best protection is to pay the debt at least make a payment.
Reply:A debt collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
Reply:if they all your cell fone all you have to say this is a cell phone. it is illegal for you to incur me a charge while you are trying to collect a debt. This is costing me minutes. Do not call me here again.
Reply:no i have not hear of that may be a technical issue with your caller ID or they have some new trick to scramble caller ids and that would be a huge lawsuit waiting to happen. it is against the law for them to impersonate some on rather then themselves. send them the following letter and send it certified, if they contact you again them you can take legal recourse.


check this link below this has all of the rules they must follow-this agency is a government agency


Your name


Your street address


Your city


Date





RE: Account no.





Dear Sir/Madam,





This is to request you to CEASE and DESIST from your efforts of collecting debt payments on the above referred account. I would like to work with the original creditor of the account rather than collection agencies.





You are hereby instructed in accordance with the federal and state laws, to stop all collection efforts immediately or face legal sanctions.











Respectfully,





Your Signature


Your Name
Reply:Do a google search on "debtor's rights" (http://www.google.com/search?hl=en%26amp;q=deb... ) or start here (http://www.pennlawyer.com/fdcpa.htm ). The second link has a great summary of what collectors cannot do.
Reply:As a former debt collector, I want to tell you that it is ok for the creditor to use smart techniques to try to get your brother in law on the phone. However, there are state and federal regulations to what a collector can or can't do. For example no call after 09:00 pm local. Remove work# from list if requested.


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