The sayings is something like this, "If you don’t know your rights. You don’t have any? Today we will discuss your rights as a debtor.
In this installment we will discuss the Fair Debt Collection Practices Act (FDCPA). The FDCPA gives debtors specific rights that cannot be infringed upon. Debt collectors cannot threaten, berate, intimidate or harass to collect a debt. They also cannot make false statements or representations about the debt, or their intentions.
Some illegal statements include, but are not limited to, threatening to:
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Threats to take more wages than is permitted by law
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Contact your employer about the debt
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Call you "everyday until the debt is paid"
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Sell the debt to another company for the purposes of continuing collection on a time-barred debt
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Contact neighbors about the debt
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Contact the Department of Homeland Security about your alien status
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Threaten imprisonment or criminal punishment
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File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you
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Collect or sue for "collection costs," "attorney’s fees," interest not pre-agreed to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect.* (see footnote for more)
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Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade, embarrass or intimidate a debtor into payment.
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Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not
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Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. "This will be transferred to our legal department for further action"). Letters misrepresenting that the account has been transferred to an attorney may include an attorney’s letterhead with threats of legal action.
Collection agencies do have the option to refuse to talk to a third party about the debt. This means that most "credit-repair" companies may not be even able to speak with collectors. Collection agency HAVE to speak with an attorney and cannot even contact the client without their permission once an attorney has been retained.
Your friend,
The Credit Guy!!
Carlos Samaniego
www.carlossamaniego.com
P.S. Call our office to get a free credit review, (909)972-0113 ext. 701
