Debt collectors are allowed to contact you by phone, email, mail, or in person, but they must follow specific rules to avoid harassment.
They can send you a written notice, known as a validation notice, to confirm the debt and provide information about the creditor and the amount owed.
Debt collectors can only contact you between 8am and 9pm, unless you give them permission to contact you at other times.
They must stop contacting you if you tell them to, in writing, that you refuse to pay the debt.
Debt collectors can sue you to collect the debt if you don't pay, but they must follow the court's rules and procedures.
They can also report the debt to the credit bureaus, which can harm your credit score.
Debt collectors are not allowed to threaten or use violence against you, and they must treat you fairly and respectfully.
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Debt Collection Laws
Debt collection laws are in place to protect consumers from unfair practices. If a debt collector breaks the law, you can take action.
You can contact the Maryland Attorney General's Consumer Protection Division or the Maryland Department of Labor, Licensing and Regulation (DLLR) Commissioner of Financial Regulation for help. Additionally, you can reach out to the Consumer Financial Protection Bureau (CFPB) and/or the Federal Trade Commission (FTC).
If a debt collector has violated the law, you can file a lawsuit against them for damages. In Maryland, you can also sue for emotional distress or mental anguish suffered. Under the Federal Act, you can sue for actual damages plus up to $1,000 in extra damages, and also get lawyer's fees.
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Old: What to Know
If you're being pursued by a debt collector, it's essential to know your rights. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, deceptive, or unfair practices.
Debt collectors are required to send you a written notice within five days of initial contact, stating the amount you owe and the creditor's name.
You have the right to dispute the debt in writing, and the collector must stop contacting you until the dispute is resolved.
Debt collectors can't call you before 8am or after 9pm, and they must stop calling you if you ask them to.
You can also request that the collector stop contacting you in writing, and they must comply.
Debt collectors can't threaten to sue you unless they actually intend to do so.
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I Owe This
If you owe the debt, it's essential to take action promptly to avoid any further complications. You can start by asking the debt collector for more information about the debt, including the amount you owe and the creditor's name.
You have the right to request this information, and the debt collector must provide it to you within a reasonable time frame. Keep in mind that you only have 30 days after you're first contacted to ask for certain information, but you can still try to ask for what you need even after that time has passed.
To confirm the debt, the debt collector must send you a written notice within five days of first contacting you. This notice should include the amount you owe, the creditor's name, and instructions on what to do if you disagree that you owe the debt.
You can also use the "I owe this debt" sample letter from the Consumer Financial Protection Bureau's resource page to help you communicate with the debt collector. Be sure to keep a copy of your letter and consider sending it by certified mail to ensure you have proof you sent it.
Fair Practices and Communication
Debt collectors are only allowed to contact you at reasonable times, generally between 8 a.m. and 9 p.m. If they call you when it's inconvenient for you to speak, you can tell them and they're required to terminate the call.
Debt collectors can't use social media to publicly post about a debt, but they can contact you privately if you allow it. If they do communicate with you online, they must give you a way to opt out.
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Harassment is strictly prohibited, so debt collectors can't call you repeatedly or use abusive language. If you're being harassed, don't hesitate to report it.
If you have an attorney representing you, debt collectors must stop contacting you and contact your attorney instead. Keep records of all conversations and documents sent by debt collectors.
Here are some things debt collectors can't do when they contact you:
- Send you to jail
- Threaten you, curse at you, or lie to you
- Call you at work if you tell them you can't take personal calls there
- Write or call you if you have a lawyer handling your case
- Call you early in the morning or late at night
- Give you false or misleading information
- Talk to your friends or family (other than your spouse) about your debt
Collector Liability and Regulations
Collector liability and regulations are crucial to understand when dealing with debt collectors. Debt collectors can be held liable for damages proximately caused by their violations, including emotional distress or mental anguish.
If a collector breaks the law, you can contact the Maryland Attorney General's Consumer Protection Division or call their hotline at (410) 528-8662. You can also contact the Maryland Department of Labor, Licensing and Regulation (DLLR) Commissioner of Financial Regulation.
Debt collectors are prohibited from engaging in unfair practices, such as making false statements or misrepresentations about the debt or consequences for non-payment. They also cannot threaten to take legal action that they do not intend to take.
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Here are some specific actions debt collectors cannot take:
- Contact you at inconvenient times or places
- Contact you instead of your attorney
- Contact you at work if your employer does not allow it
- Harass or abuse you
- Lie about the debt or consequences for non-payment
- Talk to others about your debt
- Use unfair practices, such as collecting interest or fees not part of the debt
Agency Licensing Requirements
To operate in Maryland, collection agencies must obtain a license from the Department of Labor, Office of Financial Regulation.
You can check a collection agency's license status through the National Multistate Licensing System (NMLS), a platform that provides licensing information across multiple states.
If you suspect a business is operating as an unlicensed collection agency, it's essential to contact an attorney for guidance.
Any judgments obtained by an unlicensed collection agency are considered void, which means they have no legal effect.
There is no time limit for asserting that a judgment is void due to a lack of a collection agency license, so it's crucial to act quickly if you're dealing with an unlicensed agency.
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Collector Liability
If a debt collector breaks the law, you have the right to take action. You can contact the Maryland Attorney General's Consumer Protection Division or call their hotline at (410) 528-8662.
Contacting the right authorities can help you resolve the issue quickly and efficiently. You can also contact the Maryland Department of Labor, Licensing and Regulation (DLLR) Commissioner of Financial Regulation.
If you believe a debt collector has broken the law, you can file a lawsuit against them for violating the Maryland Debt Collection Act. This Act covers individuals and businesses collecting for themselves as well as debt collectors.
Debt collectors who break the law are liable for damages proximately caused by the violation. This can include damages for emotional distress or mental anguish suffered with or without accompanying physical injury.
You can also sue under the Federal Act, which typically only covers debt collectors. If you win, you could get actual damages plus up to $1,000 in extra damages. You can also get lawyer's fees.
Here are some steps to take if you believe a debt collector has broken the law:
- Contact the Maryland Attorney General's Consumer Protection Division or call their hotline at (410) 528-8662.
- Contact the Maryland Department of Labor, Licensing and Regulation (DLLR) Commissioner of Financial Regulation.
- Contact the Consumer Financial Protection Bureau (CFPB) and/or the Federal Trade Commission (FTC).
- File a lawsuit against the debt collector for violating the Maryland Debt Collection Act.
- Sue under the Federal Act in state or federal court.
Lawsuits and Garnishment
If a debt collector sues you, respond by the date specified in the court papers. You can respond personally or through an attorney.
Responding to a lawsuit is crucial, as ignoring it might lead to losing the chance to fight a court order.
A debt collector can take money from your paycheck or bank account, but only after suing you and getting a court order called a garnishment.
Many federal benefits are generally exempt from court-ordered garnishment, including Social Security benefits, Supplemental Security Income benefits, and Veterans benefits.
Here's a list of some federal benefits that are generally exempt from garnishment:
- Social Security benefits
- Supplemental Security Income benefits
- Veterans benefits
- Federal student aid
- Military annuities and survivors’ benefits
- Benefits from the Office of Personnel Management
- Railroad retirement benefits
- Federal emergency disaster assistance
Reporting and Contact
If you think a debt collector has done something illegal, you have options. Report any problems to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau.
These organizations can help you determine your rights under your state's law. Many states have their own debt collection laws that differ from federal laws.
To report a debt collector, check out this list of organizations to contact:
- State attorney general's office
- Federal Trade Commission
- Consumer Financial Protection Bureau
How to Report
If you're dealing with a debt collector who's breaking the law, you have options. Report any problems to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau.
You can also check if your state has its own debt collection laws that are different from federal laws. Your state attorney general's office can help you determine your rights under your state's law.
To report a debt collector, you can contact one of the following offices:
- your state attorney general’s office
- the Federal Trade Commission
- the Consumer Financial Protection Bureau
If you think a debt collector broke the law, you have the option to sue them in a state or federal court. You'll need to file your lawsuit within one year of when the collector broke the law.
Who Contacts Me?
If you owe money, different groups might contact you or sue you. A creditor is a person or company you owe money to, such as a credit card company or a hospital.
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Debt collectors are hired by creditors to collect the debt, and they can be collections agencies or collections lawyers. You might receive calls or letters from debt collectors.
A debt buyer is a company that buys debt from the creditor and sues people to collect that debt, with examples including Midland Funding, Portfolio Recovery Associates, and LVNV Funding.
Frequently Asked Questions
What's the worst a debt collector can do?
A debt collector's worst actions include lying, misrepresenting debt amounts, and threatening fake legal action, which are all against the law. If you're facing these tactics, know your rights and learn how to protect yourself.
What happens if you never pay a debt collector?
Not paying a debt collector can severely damage your credit score, causing a derogatory mark that stays on your report for 7 years. This can limit your access to loans, credit cards, and favorable interest rates.
Sources
- https://www.peoples-law.org/debt-collectors-and-law
- https://www.consumerfinance.gov/ask-cfpb/what-laws-limit-what-debt-collectors-can-say-or-do-en-329/
- https://consumer.ftc.gov/articles/debt-collection-faqs
- https://michiganlegalhelp.org/resources/money-debt-and-consumer-issues/how-deal-debt-collectors
- https://peoples-law.org/node/523/printable/print
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