Fight Bad Collections

Summary of Federal Law regarding debt collections and credit reporting

2004-05-19T16:13:00.000-07:00

Sec. 1692c. - Communication in connection with debt collection

1692(c)(a)(1)
Phone calls must be between 8AM and 9PM in your state

1692(c)(a)(2)
They can't talk to you if they know you have a lawyer--they have to talk to your lawyer

1692(c)(a)(3)
They can't bother you at work (You have to tell them that you aren't allwoed to talk at work)

1692(c)(a)(c)
If you notify them in writing that you refuse to pay or you want them to stop bothering you, they have to stop unless:

1692(c)(a)(c)(1)
They're telling you they are not going to try to collect any more

1692(c)(a)(c)(2)
To tell you that they have things that they can do (report you, sue you, etc...). In other words, to threaten you by telling you that there are things they can do. Great, they have rights, you have rights too!

1692(c)(a)(c)(3)
To tell you that they ARE going to do something specific (They can't threaten you with this and then not do it--that would be illegal) like report you or sue you.

Sec. 1692d. - Harassment or abuse

1692(d)(1)
A debt collector can't threaten you with violence
1692(d)(2)
They can't use obscene langage
1692(d)(3)
No consumer blacklists--only able to report to consumer reporting agency
1692(d)(4)
No advertising your debt for sale to coerce you into paying
1692(d)(5)
No repeated calling or ringing your phone to annoy or abuse you. This includes trying repeatedly or continuously to talk to you
1692(d)(6)
The callers need to identify themselves in a meaningful way (i.e. no "This is joe calling from Phoenix"). I would argue that "meaningful" includes their company name

Resources

2004-05-19T15:53:00.000-07:00

Statute of Limitations on Debt How long can your debt exist?

Fair Debt Collection Practices Act - 15 U.S.C. Federal Law Regarding Debt Collection --See my summary of the laws

Collection Agency Phone Numbers

2004-05-19T15:35:00.000-07:00

Collections Agencies often try to place calls without disclosing who they are or the company that is calling you.

This is illegal (See my section on collection laws) but they'll try to do it anyway. They'll give you the name of the person making the call, they'll tell you that they're "Calling from Phoenix", and they'll try to refuse to tell you that they are a collection agency unless you identify yourself.

I'll try to provide a listing of the numbers I know about. If you know more, leave them in the comments:

(888) 933 6736 NCO

Always remember:
If you get a call from a collection agency: THEY called you. You know who you are and are under no obligation to tell them who you are or to even talk to them. They should know who they're calling (although they enjoy pretending they've forgotten who they are). As a matter of fact, to preserve my sanity and my rights, I have a policy of refusing to talk to them over the phone--I prefer everthing being in writing.

Collection agencies will record you without your permission and use whatever you tell them to their best advantage. Since most of us aren't set up to record our incoming calls (i.e. tape conversations), we have no way to prove the lies that the collection agencies tell us or to prove the abuse and harrassment that we suffer. It's safer to just not talk to them.

First post

2004-05-19T15:11:00.000-07:00

I'm tired of poor collections practices by creditors. I'm tired of them using illegal, malicious, and abusive practices to abuse me and damage my credit. So, I'm starting this weblog.

I'm intending it to serve as a clearing house for information that I discover in my dealings with creditors. I hope it will help someone to reclaim their rights and deal with creditors and collections agencies.

Please realize that I am not an expert. I am not a lawyer. I'm just somebody who is tired of being picked on and wants to help others. I'll tell you what I've found, but it is up to you to make your own decisions and do your own research. If you need legal advice, find yourself a lawyer.