If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
[ more ]Collection Practices
Can I stop a debt collector from contacting me?
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector intends to take some specific action.
[ more ]If my house, car or other property is secured by a creditor, does bankruptcy permit me to keep those things and release the debt?
Bankruptcy does not discharge a creditor’s lien on property. Even if you file bankruptcy a secured creditor is entitled to receive either the collateral or payment on the loan. In a Chapter 7 case, if you want to keep the property, you may either choose to reaffirm the debt or to redeem the property by
[ more ]What types of debt collection practices are prohibited?
1.) Harassment-Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not: Use threats of violence or harm; Publish a list of consumers who refuse to pay their debts (Except to a Credit Bureau); Use obscene or profane language; or Repeatedly use the telephone to
[ more ]May a debt collector continue to contact me if I believe I do not owe the money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe the money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount
[ more ]What must the debt collector tell me about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
[ more ]May a debt collector contact anyone else about my debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more
[ more ]How may a debt collector contact me?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer
[ more ]What should I do if an unregulated collector use improper tactics?
If an unregulated collector uses unreasonable methods to try to collect on a debt, there may be a way to bring relief through court action. Consult legal counsel if a problem arises.
[ more ]Are in-house collectors regulated?
NO. Collectors who are employees of the creditor company are not covered by the Act; neither are governmental agencies regulated by the Fair Debt Collection Practices Act.
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