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Debt Collection

If you or someone you know falls behind in paying their bills, there is a good chance that they will be contacted by a debt collector. The important thing to remember about this is to stay calm and remind yourself that you are in control of the situation. The government agency that has jurisdiction over these debt collectors is the FTC or Federal Trade Commission.

The consumer protection agency that enforces the laws of these debt collectors is the Fair Debt Collection Practices Act (FDCPA). This agency has laws in which the debt collectors must abide by, or they will be deemed as having broken the law.

Some of these laws include the following:

  • Debt collectors must not use abusive, unfair, or deceptive practices to collect monies from you.
  • A debt collector cannot call you before 8:00 am and after 9:00 pm.
  • They may not contact you at your place or work.
  • If you have an attorney who is representing you about your debt, the debt collector must contact the attorney, rather than you.
  • If you decide after contacting the debt collector that you don�t want the collector to contact you again, tell the collector � in writing � to stop contacting you.
  • If you want them to be professional, you be professional as well. Open dialogue is almost always the best course of action in these situations.

Remember, debt collectors cannot harass you, use threats or imply harm to you. They cannot make false statements to you such as they are attorneys, if they are not or are representing the government or some government agency.

Debt collectors can garnish your wages or get a judgment against you. However, you may counter sue them and/or negotiate a settlement with them before they take any action against you.

If you believe your rights have been violated by a debt collector you should:

  1. Report any problems you have with a debt collector to your state Attorney General�s office by going to www.naag.org.
  2. Report any problems to the Federal Trade Commission at www.ftc.gov.
  3. File a complaint by going to www.ftc.gov or call 866-653-4261 for help.



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