Do Debt Collectors Call You and Your Rights

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You have the right to receive written notice from a debt collector before they start calling you, which must include the amount you owe, the name of the creditor, and a statement that unless you pay the debt, the collector may assume the debt to be valid.

Debt collectors can only call between 8am and 9pm, and they must stop calling if you ask them to in writing.

If you're being harassed by a debt collector, you can report them to the Federal Trade Commission (FTC) or your state's Attorney General's office.

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Debt Collection Laws and Protections

Debt collectors are subject to laws and regulations that protect consumers from harassment and abuse. Under the Federal Debt Collection Practices Act, debt collectors cannot contact you at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m.

You have the right to designate a specific time and place for debt collectors to contact you. If you're being contacted at work and your employer doesn't allow it, debt collectors must stop contacting you there.

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Debt collectors are also prohibited from lying about the debt or consequences for non-payment. They cannot make false statements or misrepresentations, including claiming to be attorneys or government representatives.

Debt collectors generally cannot disclose information about the debt to third parties, such as family members, friends, or employers, except to obtain your contact information. They also cannot communicate that the purpose of the call is to collect a debt.

If a debt collector breaks the law, you can contact the Maryland Attorney General's Consumer Protection Division, the Consumer Financial Protection Bureau, or the Federal Trade Commission to report the issue. You can also file a lawsuit against the debt collector for violating the law.

Debt collectors in Maryland are also subject to the Maryland Consumer Debt Collection Act, which prohibits them from using or threatening force or violence, threatening criminal prosecution, and disclosing false information affecting your reputation for creditworthiness.

Here are some specific things debt collectors cannot do:

  • Use or threaten force or violence.
  • Threaten criminal prosecution unless a violation of criminal law is involved.
  • Disclose, or threaten to disclose, information affecting your reputation for creditworthiness if they know the information is false.
  • Contact your employer about a debt before obtaining a final judgment.
  • Disclose or threaten to disclose to a person other than you and your spouse (or if you are a minor, your parent(s)), information affecting your reputation if they know that the person the debt collector is telling does not have a legitimate need for the information.
  • Communicate with you or anyone related to you at unusual hours, too often, or in a way that harasses, oppresses, or abuses.
  • Use bad language in communicating with you or anyone related to you.
  • Claim, attempt, or threaten to enforce a right knowing that the right does not exist.
  • Use a communication that resembles a legal or judicial process or gives the appearance of being authorized, issued, or approved by a government agency or lawyer.

If you're being subjected to harassing, abusive, or fraudulent debt collection tactics, you can notify the collector in writing and keep a copy of your letter.

Disputing Debt and Credit Reporting

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Debt collectors may contact you about debts you don't owe, or that are for the wrong amount. If this happens, respond as soon as possible in writing to dispute the debt.

You have 30 days to dispute a debt in writing after a debt collector first contacts you. If you do so, the debt collector must stop trying to collect the debt until they can show you verification of the debt.

If you dispute a debt in writing, the debt collector must tell any credit reporting company that it has reported your debt to that you dispute the debt. This is important to prevent false information from being reported.

Here are the reasons to dispute a debt in writing:

  • You do not owe the debt;
  • You already paid the debt;
  • You want more information about the debt; or
  • You want the debt collector to stop contacting you or to limit its contact with you.

Send the dispute letter by certified mail with a return receipt, and keep a copy of the letter and receipt.

Disputing a Debt

Disputing a debt can be a daunting task, but knowing your rights can make all the difference. You have the right to dispute a debt if you don't owe it, it's for the wrong amount, you've already paid it, or you want more information.

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If a debt collector contacts you, respond as soon as possible in writing to dispute the debt. This will prevent the debt collector from continuing to try to collect the debt and potentially suing you for payment.

The debt collector must send you a written notice, called a "validation notice", within five days of initial contact. This notice should include the amount they think you owe, the name of the creditor, and instructions on how to dispute the debt in writing.

Don't give any personal or financial information to the debt collector until they send you this validation notice - it may be a scam. You can dispute a debt in writing if:

  • You do not owe the debt;
  • You already paid the debt;
  • You want more information about the debt; or
  • You want the debt collector to stop contacting you or to limit its contact with you.

If you've already paid the bill, include that explanation in your letter and send copies of any receipts, canceled checks, or other information to show you've already paid. Send the dispute letter by certified mail with a return receipt, and keep a copy of the letter and receipt.

Credit Reporting

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Debt collectors can report your debt to credit reporting companies, which use this information to decide whether to give you credit.

Credit reporting companies rely on debt collectors to provide accurate information about your debt, but debt collectors cannot report false information.

If you dispute a debt in writing with a debt collector, they must tell any credit reporting company that has reported your debt that you dispute the debt.

For more information on how this process works, you can check out the section on credit scores and credit reports.

Debt Collector Behavior and Tactics

Debt collectors can't use abusive collection tactics, such as threatening violence or using profane language. They also can't falsely accuse you of fraud or threaten to arrest you.

Debt collectors can't use fraudulent tactics, like misrepresenting the amount of debt or its judicial status. They can't send fake documents that look like they're from a court or official agency. If a collector tries to collect more than the original amount, it's a red flag.

For more insights, see: How to Use a Collections Agency

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If you suspect harassment or deception, you can seek injunctions and damages against debt collectors. The Texas Debt Collection Act and the Federal Debt Collection Practices Act have specific rules to protect consumers. Debt collectors can't contact you at inconvenient times or places, or repeatedly call to annoy you. They can't make false or misleading statements, or threaten to take action they don't intend to take.

Here are some examples of prohibited debt collector behavior:

  • Threatening violence or using profane language
  • Falsely accusing you of fraud or threatening to arrest you
  • Misrepresenting the amount of debt or its judicial status
  • Using fake documents that look like they're from a court or official agency
  • Repeating calls to annoy or harass you
  • Making false or misleading statements
  • Threatening to take action they don't intend to take

Abusive Tactics

Debt collectors are prohibited from using abusive tactics to collect debts. They cannot threaten violence or other criminal acts, use profane or obscene language, or falsely accuse consumers of fraud or other crimes.

Threats of arrest, repossession, or other seizure of property without proper court proceedings are also not allowed. Debt collectors must not use the telephone to harass debtors by calling anonymously or making repeated or continuous calls.

Here are some specific abusive tactics that debt collectors cannot use:

  • Threatening violence or other criminal acts
  • Using profane or obscene language
  • Falsely accusing consumers of fraud or other crimes
  • Threatening arrest, repossession, or other seizure of property without proper court proceedings
  • Using the telephone to harass debtors by calling anonymously or making repeated or continuous calls
  • Making collect telephone calls without disclosing the true name of the caller before the charges are accepted

If you're being subjected to these abusive tactics, remember that you have the right to report the debt collector to the Attorney General's Office or the FTC. You can also seek injunctions and damages against debt collectors who violate the law.

Buyers

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Debt buyers are companies or individuals who purchase debt from other creditors for a low cost. They often buy debt that the original creditor or another debt buyer was unable to collect.

Debt buyers must abide by the same rules as debt collectors under the Federal Debt Collection Practices Act and Maryland Debt Collection Act. This means they have to follow strict guidelines to ensure they're treating you fairly.

To prove they own the debt, debt buyers must provide a document signed by you when opening the credit account, or a statement showing you used the account. This is their way of showing you're responsible for the debt.

Debt buyers must also describe how much debt you owe, including the principal, interest, and late fees. This transparency is important so you know exactly what you're dealing with.

Here are the key things debt buyers must do:

  • Abide by the same rules as debt collectors
  • Provide proof of the debt, including a document signed by you or a statement showing account usage
  • Submit evidence that they own the debt, including a list of previous owners and paperwork associated with the sale of the debt
  • Describe how much debt you owe, including principal, interest, and late fees

Debt Collection Methods and Consequences

Debt collection methods can be aggressive and intrusive. Debt collectors can call, text, or email you, and even visit your workplace or home.

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The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive or harassing tactics, but some collectors may push the limits. For example, debt collectors are allowed to contact you at any time, but they cannot contact you at unusual hours, such as 9pm.

Debt collectors can also use third-party debt collectors, who may contact you on behalf of the original creditor.

Old Time-Barred

Old time-barred debts can be a real headache, but it's good to know that debt collectors may not be able to sue you to collect on them.

In California, there's a four-year limit for filing a lawsuit to collect a debt based on a written agreement. Debt collectors may still try to collect on time-barred debts, so be prepared for collection notices and calls.

A partial payment of the debt can restart the clock, making it harder to figure out when the time-barred period starts or ends. This can be frustrating, especially if you're trying to pay off debt.

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Debt collectors may still report your debt to credit reporting companies, even if they're time-barred from suing you. This can negatively impact your credit score.

If you think your debt may be time-barred, consulting an attorney can be a good idea. They can help you navigate the situation and provide guidance on how to proceed.

Immediate Payment Required

If a debt collector pushes you to pay immediately, be very cautious. Scammers survive by getting people to pay fake debts before they have a chance to realize they're being scammed.

Debt collectors who are being very pushy are often trying to get payment quickly, and this is a red flag. Real debt collectors will usually give you time to pay or make arrangements to pay.

Scammers will try to create a sense of urgency to get you to pay right away, but this is just a tactic to take advantage of you.

For another approach, see: Will Debt Collectors Sue You in Sc

Withholding Funds

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If you get a summons notifying you that a debt collector is suing you, don't ignore it.

You can end up with a default judgment against you if you ignore the summons, which allows the collector to garnish your wages and bank account.

Debt collectors can only garnish your wages and bank accounts if they've already sued you and a court entered a judgment against you.

Certain federal benefits, such as social security benefits and veterans' benefits, generally cannot be garnished.

If a debt collector is garnishing your wages or bank account, you may want to consult an attorney to discuss your options.

Understanding Debt and Debt Collectors

To understand debt and debt collectors, it's essential to know who you owe money to. A creditor is the person or company to whom you owe money, and it could be a bank, financial institution, lender, supplier, or any party that has provided goods or services on credit or has extended a loan to you.

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Reviewing your credit report can help you learn more about your debts and identify any false, outdated, or inaccurate entries. You can get your free annual credit report here.

Debt collectors can be either third-party debt collectors, who are hired to collect debt on behalf of another entity, or debt buyers, who purchase delinquent debts from creditors at a discounted price.

Untraceable Payment Methods

Scammers often ask you to pay by untraceable methods like Visa gift cards or wire transfers. Real debt collectors will accept trackable payments like checks or traditional credit cards.

Don't send a debt payment by wire transfer, especially if it's overseas. This is a red flag for potential scams.

Real debt collectors will accept normal, trackable payments, not untraceable ones.

Definitions

A debt collector calls you, claiming you owe money, but are you sure it's a real debt? Knowing the definitions of key terms can help you navigate the situation.

Credit: youtube.com, Debt Collection 101: Episode 73 - The Supreme Court's Definition of a Debt Collector

A creditor is the person or company to whom you owe money. This could be a bank, financial institution, lender, supplier, or any party that has provided goods or services on credit or has extended a loan to you.

Debt collectors come in different forms. A third-party debt collector is a company hired to collect debt on behalf of another entity, like a creditor. They're essentially working for someone else to get the money back.

A debt buyer, on the other hand, is a company that purchases delinquent debts from creditors at a discounted price. This means they're buying debts that haven't been paid, often for pennies on the dollar.

Here's a quick rundown of the key players:

  • Creditor: the person or company you owe money to.
  • Third-Party Debt Collector: a company hired to collect debt on behalf of a creditor.
  • Debt Buyer: a company that purchases delinquent debts from creditors.

Debt Collection Scams and Protections

Debt collection scams can be very convincing, but it's essential to know the signs to avoid falling victim. Someone may contact you claiming you owe a debt, which may be fake, canceled, discharged, forgiven, or beyond the period for collection.

Credit: youtube.com, Spotting Fake Debt Collection Calls

To protect yourself, it's crucial to confirm the debt is real and valid before paying. You can do this by getting your free annual credit report and reviewing it carefully for false, outdated, or inaccurate entries.

Debt collection scammers often use intimidation, lies, and harassment to get you to pay. Be on the lookout for these tactics and don't be afraid to hang up the phone or block their number if they're being aggressive.

To know what you owe, get your free annual credit report and review it carefully. This will help you identify any fake or fake debts. You can get your free credit report here.

Here's what to look for in your credit report:

  • False entries
  • Outdated entries
  • Inaccurate entries

By being aware of these signs and taking steps to protect yourself, you can avoid debt collection scams and stay safe.

Frequently Asked Questions

What happens if you ignore debt collector calls?

Ignoring debt collector calls may lead to further collection methods, including a lawsuit. Consider seeking legal advice from an attorney if you're unable to resolve the debt.

What is the 7 day rule for collections?

The 7-day rule for collections limits debt collectors to making no more than 7 calls within a 7-day period to a consumer about a specific debt. This rule also prohibits collectors from calling a consumer within 7 days after a previous conversation about the debt.

What is the earliest a debt collector can call?

According to the law, debt collectors are generally prohibited from contacting you before 8 a.m.

What is the 777 rule with debt collectors?

The 777 rule prohibits debt collectors from making more than 7 calls within 7 days about a specific debt, and also limits follow-up calls to 7 days after a previous conversation. This rule aims to prevent harassment and give consumers a break from repeated calls.

How many times can a debt collector call you before it's considered harassment?

Under the FDCPA, a debt collector can call you up to 7 times in a week before it may be considered harassment. Excessive calls can lead to serious consequences, so it's essential to know your rights

Anne Wiegand

Writer

Anne Wiegand is a seasoned writer with a passion for sharing insightful commentary on the world of finance. With a keen eye for detail and a knack for breaking down complex topics, Anne has established herself as a trusted voice in the industry. Her articles on "Gold Chart" and "Mining Stocks" have been well-received by readers and industry professionals alike, offering a unique perspective on market trends and investment opportunities.

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