Debt Collection - What Are the Limitations?
If you are having credit problems, it is important to know what creditors and collection agencies may and may not do to collect debts.
The state Consumer Protection Act prohibits some debt collection practices. (M.G.L. c. 93A, ?(c), 940 CMR 7.00) When dealing directly with you, creditors and collection agencies may not:
Call you more than twice for each debt in each 7 day period at home, or call you more than twice for each debt in each 30 day period at someplace other than your home.
Call you without identifying both the name of the creditor and the name of the person calling.
Call you at times other than your normal waking hours. If your waking hours are unknown, then the creditor or collector may only call between 8:00 a.m. and 9:00 p.m.
Visit your home at times other than those mentioned above. A collector cannot visit more than once in any 30 day period for each debt, unless you give permission for additional visits.
Cause you to be charged for long distance calls (or other similar costs).
Call you at work if you requested that they not call. Your oral request is valid for only 10 days, unless you confirm it in writing within 7 days of making the request. Written request are valid until you write to the collector removing the restriction.
Contact you directly, if you have told the creditor or collection agency to only contact your attorney.
Falsely threaten to take legal action.
Use profane or obscene language.
Additionally, creditors and collection agencies may not
Tell anyone (including friends, neighbors, relatives, or employers) about your debt.
Send collection notices in a way that openly indicates or implies that you owe a debt (for example, using postcards or descriptive return addresses.)
Federal law provides some additional protections against debt collection agencies. (This law does not apply to creditors):
Collectors must verify your debt. Collectors must stop calling you if, within 30 days after you are first contacted, you send the agency a letter indicating that you do not owe the debt. They can only renew their collection activities if you are sent proof of the debt.
You may stop a debt collector from contacting you. Write a letter to the collector telling them to stop contacting you. Once the collection agency receives your letter, they may not contact you again except to say there will be no further contact. They also may contact you to inform you if they are going to take some specific action, such as suing you.
To lean more about your rights against Debt-Collectors, visit the popular blog at http://newinfopost.com/credit/dealing-with-creditors.
Article Author :David_M_Siegel
Last 5 posts in Debt Relief
- Eliminate Credit Debt - CRA - Credit Reporting Agencies - August 31st, 2008
- Eliminate Credit Debt - The Creeping Disease - August 31st, 2008
- Fix Your Finances With Debt Relief - August 31st, 2008
- Debt Settlement the Light at the End of the Tunnel - August 31st, 2008
- Innovative Ways to Get Out of Debt - August 31st, 2008
If you don’t pay on time then you have to Eliminate Credit Debt. When the month is longer than your income - one fact is obvious - it cannot continue for very long - you have to stop the rot.
CRAs, the credit reporting agencies are a central information base for all credit card companies and they receive millions of reports every day. If you are a few days late, it might remain a secret, but if you go over 30 days, they’ve got you. This info will definitely reach your credit report and your score starts to fall. It can… Continue reading
Credit card debt is like a creeping disease - but we can Eliminate Credit Debt and eliminate the disease if we know the rules of the game.
The credit card companies do not want you to know all the rules - they rule when we are ignorant of the rules! Did you get that?
Stores offer cards, gas stations, my old granny and her dog offer cards, and they stuff our mailboxes - how do the US Post Office handle it all? It’s too easy to have too many cards. When you charge your purchases, it doesn’t seem like you are spending… Continue reading
If you are looking for debt relief, then you are not alone. The average household is finding themselves overwhelmed with debt lately. With the cost of living increasing, rising costs and bills to pay, this creates difficult situations when it comes to credit.
Those who find themselves far in debt are having trouble dealing with their finances and finding a way out.
It is enough to try and figure out how you are going to make your minimum monthly payments, but when you factor in other bills and necessities it is enough to make you crazy. If you can figure out your… Continue reading
