i got the migrane under some control and have been looking up some things online. I came across some great info on debt collection laws that uses language that normal people can understand fairly easily. At least I could anyway.
recently there was some discussion of what ifs in regard to collecton agencies, it may have been on a a sub abuse thread. it seemed to me that a lot of people didn't know their rights and the rules regarding what a collector can and can't do. sadly, in my opinion their are a lot of collectors who don't know the laws ordon't care. I know a lot of collection agencies do awful training and violate laws every day.
Here is the list of laws from the site http://www.legalmatch.com/law-library/article/collection-laws.html
Creditors must comply with laws governing collection practices such as the Federal Trade Commission Act (FTCA) and the Fair Debt Collection Practices Act. These laws prohibit unfair or misleading practices to collect a debt.
What Acts Violate Collection Laws?
Given the financial burdens of raising difficult children, I just thought it might be helpful to one of us or a friend/loved one.
recently there was some discussion of what ifs in regard to collecton agencies, it may have been on a a sub abuse thread. it seemed to me that a lot of people didn't know their rights and the rules regarding what a collector can and can't do. sadly, in my opinion their are a lot of collectors who don't know the laws ordon't care. I know a lot of collection agencies do awful training and violate laws every day.
Here is the list of laws from the site http://www.legalmatch.com/law-library/article/collection-laws.html
Creditors must comply with laws governing collection practices such as the Federal Trade Commission Act (FTCA) and the Fair Debt Collection Practices Act. These laws prohibit unfair or misleading practices to collect a debt.
What Acts Violate Collection Laws?
- Repeated phone calls and calling too early or late is against collection law. Calling after 8 a.m. and before 9 p.m. is accepted.
- Using intimidation (threats, violence, abusive language) to collect on a debt.
- Creditors or collections agents cannot pretend to be someone else such as a law enforcement officer. He or she must reveal his true identity to you.
- Creditors or Collection agencies cannot send out notices that look like official court summons or documents. Letters must have the appearance of normal business documents. They cannot give the appearance of being authorized, issued, or approved by a government agency or attorney-at-law.
- Collection agencies cannot demand any collection fees, attorney fees, court costs, or other expense unless it is justly due. An expense is justly due only if it has been set out in your contract with the creditor.
- A creditor cannot threaten to turn an account over to a collection agency or take legal action unless this is the usual course of business. This kind of action may not be used as a threat.
- Furnishing information about a debtor without permission, except to individuals and groups with a specific interest, such as credit reporting agencies, banks, and other creditors. You also cannot disclose or threaten to disclose information concerning a debt known to be disputed by the debtor without disclosing that fact.
Given the financial burdens of raising difficult children, I just thought it might be helpful to one of us or a friend/loved one.