COLLECTION AGENCY PRACTICES

        There are many rules governing what collection agencies and their employees can and can't do. The Fair Debt Collection Practices Act of 1978 was designed to eliminate abusive and deceptive debt collection practices. If you feel that your rights are being infringed upon, either contact your local Consumer Credit Counseling Service for information or file a complaint to:

        Federal Trade Commission
        Debt Collection Practices
        Washington D.C. 20580

        Collection agencies are required to provide you with the following information: Amount of money you owe, name of lender you owe it to, that the agency will assume the debt is valid unless its disputed within 30 days, and what to do if you believe you don't owe the money. Other restrictions may apply, such as the ones that follow . . .

        What they can do:

        • Call or visit between 8 a.m. and 9 p.m. on a daily basis.
        • Take legal action to collect the debt.
        • Call family members, employers, and neighbors to locate you.
        • Garnish wages if it concerns Personal Taxes, Child Support, PHEAA loans, I.R.S., etc.
        • Can hold sheriff sales or enter judgments (under certain conditions).
        • Request a post dated check for up to 5 days.

        What they cannot do:

        • Make repetitive harassing calls.
        • Use offensive, profane language.
        • Falsely represent themselves as attorneys.
        • Advertise your debt.
        • Threaten you with jail or persecution.
        • Threaten to seize property or wages unless it is legal for them to do so and they actually intend to do so.
        • Make false statements.
        • Send a post card.

        There are other rights that you have when dealing with collectors, and if you are unsure if they are telling the truth, do not be afraid to double check their statements. They make money by collecting the debts, so their motivation is to get the money from you any way they can. If they do this in an illegal manner, you may be eligible to take legal recourse against them. For more information, contact the state Attorney Generals Office.

        Consumer Voice * Consumer Credit Information

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