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 ]Resources
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.
[ more ]Who is governed by the Fair Debt Collection Practices Act?
The regulated class is made up of businesses who collect debts owed to individuals or companies other than themselves, mainly COLLECTION AGENCIES AND CREDIT BUREAUS. In addition, ATTORNEYS who regularly engage in consumer debt collection activity for clients are covered by the Act. It does not apply to finance companies or businesses trying to collect
[ more ]Who is protected by the Fair Debt Collection Practices Act law?
The protected class consists of CONSUMERS who have incurred debts for personal, family or household reasons. Commercial accounts are not covered. A protected consumer includes a spouse or a parent of a child who owes money to a creditor.
[ more ]What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act of 1978 is a federal law enacted by Congress as part of the Consumer Credit Protection Act. Its purpose is to protect consumers from harassing and abusive debt collection methods.
[ more ]What does equity mean?
Equity is the amount of value left in your property after subtracting what you owe to any creditors who hold mortgages or other liens from the fair market value of the property. Fair Market Value is the amount the property could be sold for today, not the amount you paid for it. If nothing is
[ more ]What happens if the creditor decides to go after my real or personal property?
A judgment is automatically a lien on your real estate. However, a creditor cannot apply for a writ of execution to sell your property unless the equity in your property is greater than the legally protected (exempt) amounts of equity after deduction of any mortgages or security interests.
[ more ]When does a garnishment end?
A garnishment ends when the judgment with legal interest is paid or when your employment ends.
[ more ]How many creditors can put a garnishment on me at the same time?
Only one (1) creditor can garnish you at any given time, however, a garnishment from a creditor and a wage withholding order for child support can occur at the same time.
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