The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can’t tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don’t know about the FDCPA, however, is that even bill collectors have rights.
First, they have the right to initiate communications with you in order to inform you about your debt. These communications may be in the form of a telephone call or a letter. In this communication, they can spell out exactly what you owe, including fees and penalties.
Second, a collector has the right to continue to contact you until you notify them in writing that you don’t owe any money, that you don’t owe all of the money, or that you require verification that you really owe the debt. Of course, the FDCPA limits when and how they can continue to contact you, but as long as they operate within the rules of the law, they can continue to contact you until you put a stop to it.
Third, the debt collector can continue to contact you even if you request that they stop contacting you, as long as the debt collector is actually the original creditor, or an in-house agency owned by the creditor. This is because the FDCPA recognizes creditors as being different than debt collectors, so they don’t have to follow the same guidelines that debt collectors do. They do, however, still have to follow the same rules of decent behavior that debt collectors do. This includes not harassing people you know, or calling you at all hours during the night.
Fourth, a debt collector has the right to contact others about your debt. They can only do this once, though, and they can only do it to find out your address, your telephone number, or the place where you work. They are, however, prohibited from contacting any third party multiple times, because that would be harassment.
Lastly, a debt collector can sue you in court in order to collect on a debt that you owe them. Of course, you still have the right to defend yourself in any legal proceedings, but if the judgment goes against you, the judge may garnish your wages.
When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.
Sean Payne is a personal finance and debt relief enthusiast. Once he finally paid off his own debt, he devoted years to finding the easiest way to pay off debt, and keeping your cool while dealing with debt collectors. To learn more about debt collectors’ rights, and what you can do to preserve your peace and quiet, check out his excellent debt reduction course.
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