Credit Card Debt Collection Laws?

1 Answer

Answer :

Credit cards are unsecured debts; your creditor can't take away any of your property if you fail to pay the debt back in accordance with your card agreement. Your creditor can sell the debt to a collections agency or sue you to recover the debt. Creditors and debt collectors can't engage in underhanded or violent tactics to get you to pay your debts. If you owe money to credit card companies, you should become familiar with your rights. The Fair Debt Collection Practices Act limits the power of debt collectors. Collectors must not harass or intimidate debtors into paying debts, and must inform debtors of their rights upon first contact. Debt collectors must announce themselves; they must begin the call by telling the debtor what company they are from and that they are attempting to collect a debt. The debtor can then tell the debt collector not to call them anymore and the collector must oblige; however, the collector may still contact the debtor to inform him of upcoming litigation surrounding the debt. Debtors may also ask the debt collector not to call them at work. Debt collectors are also limited as to how often, and when, they may call debtors. Debt collection calls may only take place between 9 a.m. and 9 p.m; calls are not allowed at times when it's reasonable to assume a debtor may be in bed. There's no firm rule on frequency of calls, but debt collectors may not call so frequently that it becomes harassment. Debt collectors also may not discuss the debt with anyone other than the debtor. If a debt collector speaks to friends or family of the debtor, he is limited only to asking for a contact number or address for the debtor. Debt collectors may not use intimidation techniques to coerce debtors into paying debts. They may not threaten violence against the debtor and may not verbally abuse the debtor; cursing at the debtor, yelling at her or calling her names are forbidden. Debt collectors also may not make threats that they don't have the power to carry out. For example, a collector may state that his office is going to sue to recover the debt if the office plans to carry out such a threat. However, the collector may not state that the debtor will lose his home due to credit card debt. If a debt collector violates any of the provisions of the Fair Debt Collection Act, the debtor has a right to file a complaint against him with the Federal Trade Commission. In some cases, debtors may sue debt collectors for damages related to violations of this act. Debtors should also contact an attorney if they have any questions about their rights regarding credit card debt, if they are considering filing bankruptcy or if they receive a notice of a lawsuit against them by a creditor or collections agency.

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