Do You Have to Pay Debt Collectors and What to Expect

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Paying debt collectors can be a stressful experience, but understanding what to expect can make it more manageable. You're not obligated to pay a debt collector if you dispute the debt, but they can still contact you to try to collect.

If you're contacted by a debt collector, they must provide you with a validation notice within five days, which includes the amount you owe, the name of the creditor, and a statement that unless you dispute the debt within 30 days, it will be assumed to be valid.

Debt collectors are also prohibited from harassing or threatening you, and they can only contact you between 8am and 9pm unless you give them permission to contact you at other times.

Debt Collection Process

Debt collectors can contact you by phone, mail, or email, but they must follow the Fair Debt Collection Practices Act (FDCPA) rules.

You have the right to dispute a debt within 30 days of receiving a debt collection notice, but this doesn't necessarily stop the collector from contacting you.

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Debt collectors can't threaten or harass you, and they must stop contacting you if you request them to in writing.

If you're being contacted by a debt collector, it's essential to verify the debt by asking for a written validation notice that includes the amount you owe and the creditor's name.

You can't be charged extra fees for paying a debt, but you might be charged interest on the original amount.

Debt collectors can't call you before 8am or after 9pm, and they must stop contacting you if you're represented by an attorney.

You have the right to request a debt collector to communicate with you in writing, which can help prevent harassment.

Debt Collection Laws and Regulations

Debt collectors are subject to strict regulations to ensure they don't harass or abuse you.

The Federal Debt Collection Practices Act prohibits debt collectors from contacting you at inconvenient times, such as before 8:00 a.m. or after 9:00 p.m. unless you give them permission to do so. They also can't contact you at work if your employer doesn't allow it.

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Debt collectors can't lie about the debt or consequences for non-payment, including falsely claiming to be attorneys or government representatives. They can't threaten to take legal action they don't intend to take.

Here are some rights you have when dealing with debt collectors:

  • You have the right to report any problems with a debt collector to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau.
  • You have the option to sue a collector in a state or federal court if you think they broke the law.
  • You have the right to request that debt collectors stop contacting you in writing.

Agency Licensing Requirements

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 NMLS, a multistate platform for licensing.

Collector's Liability

If a debt collector breaks the law, you have several options to 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.

You can also contact the Consumer Financial Protection Bureau (CFPB) and/or the Federal Trade Commission (FTC) for assistance. If a collector violates the Maryland Debt Collection Act, you may be able to file a lawsuit and receive damages for emotional distress or mental anguish.

Additional reading: Debt Collector

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Debt collectors are also liable for violating the Federal Debt Collection Practices Act. If you win a lawsuit, you could get actual damages plus up to $1,000 in extra damages, as well as lawyer's fees.

Here are some specific actions you can take if a collector breaks 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.

Remember, debt collectors are bound by specific laws and regulations, and they can be held liable for breaking them.

Maryland's Consumer Act

Maryland's Consumer Act is a comprehensive set of rules that protects consumers from unfair debt collection practices. Under this act, debt collectors are prohibited from using or threatening force or violence to collect a debt.

Debt collectors are also not allowed to threaten criminal prosecution unless a violation of criminal law is involved. This means that if you're being contacted by a debt collector, they can't threaten to have you arrested or charged with a crime unless it's actually related to a law.

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Debt collectors can't disclose or threaten to disclose false information that affects your reputation for creditworthiness. This includes making false claims about your financial situation or credit history.

In Maryland, debt collectors are not allowed to contact your employer about a debt before obtaining a final judgment. This means that if you're being contacted by a debt collector, they can't call your workplace to ask about your job or salary without first getting a court order.

Debt collectors can't disclose or threaten to disclose information affecting your reputation to anyone other than you and your spouse (or if you're a minor, your parents). This includes telling friends, family members, or neighbors about your debt.

Here are some specific examples of debt collection practices that are prohibited in Maryland:

  • Communicating with you or anyone related to you at unusual hours, too often, or in a way that harasses, oppresses, or abuses.
  • Using bad language in communicating with you or anyone related to you.
  • Claiming, attempting, or threatening to enforce a right knowing that the right does not exist.
  • Using 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.

These are just a few examples of the protections provided by Maryland's Consumer Act. By knowing your rights, you can better navigate the debt collection process and avoid unfair practices.

Fair Practices Act

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Under the Fair Debt Collection Practices Act, debt collectors are subject to certain restrictions to ensure they don't harass or abuse consumers. Debt collectors can't contact you at inconvenient times, such as before 8:00 a.m. or after 9:00 p.m., unless you've specified otherwise.

They also can't contact you at work if your employer doesn't allow it, or if they know you're represented by an attorney, they must communicate with your attorney instead. Debt collectors can't lie about the debt or threaten to take legal action they don't intend to take.

Here are some specific things debt collectors can't do:

  • Contact you at inconvenient times or places
  • Contact you instead of your attorney
  • Contact you at work if your employer doesn't allow it
  • Harass or abuse you
  • Lie about the debt or consequences for non-payment
  • Talk to others about your debt, except to obtain your contact information
  • Use unfair practices, such as demanding a postdated check or collecting interest, fees, or charges that aren't part of the debt

If you're being subjected to harassing, abusive, or fraudulent debt collection tactics, you can report the collector to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau. You also have the option to sue the collector in a state or federal court within one year of when they broke the law.

Lawsuits and Garnishment

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If a debt collector sues you, it's essential to respond by the date specified in the court papers. You can respond personally or through an attorney, but it's crucial to preserve your rights by responding and not ignoring the lawsuit.

Don't ignore a lawsuit, or you might lose the chance to fight a court order. A collector must first sue you to get a court order, called a garnishment, that says it can take money from your paycheck to pay your debts.

A debt collector can take money from your paycheck or bank account, but only after suing you and getting a court order. Many federal benefits are generally exempt from court-ordered garnishment.

Here are 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

Debt Collection Methods

Debt collection methods can be aggressive, but they're also regulated.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive or harassing tactics to collect debts.

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Debt collectors can contact you by phone, mail, or email, but they must provide a clear notice of the debt and the amount owed.

You have the right to dispute the debt, and debt collectors must stop contacting you while they investigate.

Debt collectors can also use third-party services to collect debts, such as hiring a lawyer or a private investigator.

Some debt collectors may use automated dialing systems to contact multiple people at once, but they must not use these systems to harass or annoy you.

Debt collectors can sue you to collect a debt, but they must follow specific procedures and provide you with proper notice.

If you're being sued, you can respond to the lawsuit and defend yourself against the debt.

Know Your Rights

You have the right to specify how and when debt collectors can contact you, and you can request that they cease communication altogether. This is protected under the Fair Debt Collection Practices Act.

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Debt collectors are prohibited from using profane language or threatening violence. They also cannot mislead you about who they are, how much money you owe, or the legal repercussions of not paying your debt.

You can file a complaint with the Consumer Financial Protection Bureau if your protections under the Fair Debt Collection Practices Act have been violated. Your state may offer additional consumer protections, and your state's attorney general and the Federal Trade Commission are good resources.

Debt collectors can only take money from your paycheck, bank account, or benefits if they have already sued you and a court entered a judgment against you for the amount of money you owe.

You have the right to ask a debt collector to contact you only by mail, or through your attorney, or set other limitations. Make sure you send your request in writing, send it by certified mail with a return receipt, and keep a copy of the letter and receipt.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.

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If you owe a debt, act quickly and contact your creditor to explain your situation and try to create a payment plan. Usually, creditors will help you catch up.

Here are some key rights you have when dealing with debt collectors:

  • You can specify how and when debt collectors can contact you.
  • You can request that debt collectors cease communication altogether.
  • You have the right to ask a debt collector to contact you only by mail, or through your attorney, or set other limitations.
  • You can file a complaint with the Consumer Financial Protection Bureau if your protections under the Fair Debt Collection Practices Act have been violated.

Remember, you have the power to protect yourself from debt collectors who may be trying to take advantage of you. Educate yourself on your rights and don't be afraid to stand up for yourself.

Debt Collection and You

Debt collectors can contact you through phone, mail, or email, but they must follow the Fair Debt Collection Practices Act (FDCPA).

You have the right to dispute a debt in writing and the collector must stop contacting you while investigating.

Debt collectors can't call you before 8 am or after 9 pm, and they can't contact you at work if they know your employer doesn't allow it.

You can request validation of the debt, which means the collector must send you a written notice with the amount you owe and the name of the creditor.

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If you're being harassed or threatened by a debt collector, you can file a complaint with the Consumer Financial Protection Bureau (CFPB).

Debt collectors can't sue you for a debt unless they've sent you a written notice of default and a demand for payment at least 30 days before filing a lawsuit.

You can negotiate a payment plan with the collector, but be aware that it may affect your credit score.

Debt collectors can report your debt to the credit bureaus, but they must report the debt as "paid" or "settled" if you pay it off or settle it.

Reporting a Complaint

If you believe a debt collector is violating the law, you may report your complaint with the Attorney General's Office. They use complaints to learn about misconduct, but they cannot give legal advice or provide legal assistance to individuals.

You can also report your complaint to the FTC, which enforces the federal Fair Debt Collection Practices Act. This act prohibits abusive, unfair, or deceptive debt collection practices.

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You can report your complaint to the CFPB as well, which may forward it to the company and work to get you a response.

If you think a debt collector broke the law, you have the option to sue them in a state or federal court. You have to file your lawsuit within one year of when the collector broke the law.

To report a debt collector for doing something illegal, you can report any problems to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau.

Here are the three agencies you can report to:

  • your state attorney general’s office
  • the Federal Trade Commission
  • the Consumer Financial Protection Bureau

Many states have their 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.

Frequently Asked Questions

You can't pay a debt collector more than once. If you've already paid the debt, you're not responsible for paying the collector.

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Debt collectors can't call you at work, and they can only call between 8am and 9pm. This is to protect your work and personal time.

You're not required to talk to a debt collector over the phone. You can ask them to send a letter instead.

Debt collectors must validate your debt within five days of contacting you. They need to provide proof that you owe the money.

You can dispute a debt by writing a letter to the collector. This is a good option if you think the debt is incorrect or you don't owe it.

Debt collectors can't threaten you with arrest or other penalties. These are just scare tactics to get you to pay.

You can file a complaint with the Consumer Financial Protection Bureau (CFPB) if you're being harassed by a debt collector. This can help resolve the issue.

Debt collectors can't sell your debt to someone else. Once you've paid the debt, it's considered settled.

Frequently Asked Questions

Should you ever pay a debt collector?

Yes, paying a debt collector can help mitigate damage to your credit score and potentially improve it over time. Paying the debt is a proactive step to take control of your financial situation.

How do I get out of paying debt collectors?

If you're struggling to pay debt collectors, seek help from a nonprofit credit counseling agency or legal aid to navigate the complex collections process. They can provide guidance and support to help you manage your debt.

How do I get out of paying a collection agency?

If you dispute the debt, inform the collection agency in writing. You can also ask them to stop contacting you in writing, which will temporarily halt communications.

What happens if you ignore the collection agency?

Ignoring a collection agency may lead to more aggressive collection methods, including a lawsuit. If you're unable to resolve the debt, consider seeking professional advice from an attorney.

Do collections go away if you don't pay?

No, collections do not automatically disappear if you don't pay, as they can remain on your credit report for up to 7 years from the original date of delinquency

Helen Stokes

Assigning Editor

Helen Stokes is a seasoned Assigning Editor with a passion for storytelling and a keen eye for detail. With a background in journalism, she has honed her skills in researching and assigning articles on a wide range of topics. Her expertise lies in the realm of numismatics, with a particular focus on commemorative coins and Canadian currency.

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