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Debt Collection Act - Highlights
What debts are covered?
Personal, family, and household debts are covered under the Act.
This includes money owed for the purchase of an automobile, for medical
care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to
others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or
fax. However, a debt collector may not contact you at inconvenient times
or places, such as before 8 a.m. or after 9 p.m., unless you agree. A
debt collector also may not contact you at work if the collector knows
that your employer disapproves of such contacts.
Can you stop a debt collector from contacting
you?
You can stop a debt collector from contacting you by writing a letter to
the collector telling them to stop. Once the collector receives your
letter, they may not contact you again except to say there will be no
further contact or to notify you that the debt collector or the creditor
intends to take some specific action. Please note that sending
a letter to a collector does not make the debt go away if you
actually owe it. You could still be sued by the debt collector or your
original creditor.
May a debt collector contact anyone else about
your debt?
If you have an attorney, the debt collector must contact the attorney,
rather than you. If you do not have an attorney, a collector may contact
other people, but only to find out where you live, what your phone
number is, and where you work. Collectors usually are prohibited from
contacting such third parties more than once. In most cases, the
collector may not tell anyone other than you and your attorney that you
owe money.
May a debt collector continue to contact you
if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive
the written notice, you send the collection agency a letter stating you
do not owe money. However, a collector can renew collection activities
if you are sent proof of the debt, such as a copy of a bill for the
amount owed.
Collection agencies may not call you at work when you have told them not
to. Debt collectors are prohibited from:
Telling your employer or a co-worker you owe money to the creditor.
What must the debt collector tell you about
the debt?
Within five days after you are first contacted, the collector must send
you a written notice telling you the amount of money you owe; the name
of the creditor to whom you owe the money; and what action to take if
you believe you do not owe the money.
What types of debt collection practices are
prohibited?
Harassment. Debt collectors may not harass,
oppress, or abuse you or any third parties they contact.
For example, debt collectors may not use threats of violence or
harm;
publish a list of consumers who refuse to pay their debts (except to a
credit bureau); use obscene or profane language; or repeatedly use the
telephone to annoy someone.
False statements. Debt collectors may not use any false or
misleading statements when collecting a debt. For example, debt
collectors may not: falsely imply that they are attorneys or
government representatives; falsely imply that you have committed a
crime; falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt; indicate that papers being sent to
you are legal forms when they are not; or indicate that papers being
sent to you are not legal forms when they are.
Debt collectors also may not state that: you will be
arrested if you do not pay your debt; they will seize, garnish, attach,
or sell your property or wages, unless the collection agency or creditor
intends to do so, and it is legal to do so; or actions, such as a
lawsuit, will be taken against you, when such action legally may not be
taken, or when they do not intend to take such action.
Debt collectors may not: give false credit information
about you to anyone, including a credit bureau; send you anything that
looks like an official document from a court or government agency when
it is not; or use a false name.
Unfair practices. Debt collectors may not engage in
unfair practices when they try to collect a debt. For example,
collectors may not: collect any amount greater than your debt,
unless your state law permits such a charge; deposit a post-dated check
prematurely; use deception to make you accept collect calls or pay for
telegrams; take or threaten to take your property unless this can be
done legally; or contact you by postcard.
What control do you have over payment of
debts?
If you owe more than one debt, any payment you make must be
applied to the debt you indicate. A debt collector may not apply a
payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court
within one year from the date the law was violated. If you win, you may
recover money for the damages you suffered plus an additional amount up
to $1,000 per incident. Court costs and attorney' s fees also can be
recovered. A group of people (class action) also may sue a debt
collector and recover money for damages up to $500,000, or one percent
of the collector' s net worth, whichever is less.
Document everything!
Save every piece of mail
or email you receive from a debt collector.
Every call you receive at home or work even if it was a recording.
Every call a neighbor, employer, relative, or friend receives.
If a debt collector knocks on your door, tell them to leave immediately! Call the
police as they may be trespassing. Get a copy of the police report. If you have filed bankruptcy, call your case worker!
Get
your life back & stop debt collection immediately! All
you need do is just say NO!
Reference Materials
Frequently Asked Questions
Chapter 7 Bankruptcy
Got my Discharge of Debt
Copyright 2008 Florida Bankruptcy Services