It is a common misconception that debt collectors can “get away with anything” in their attempt to collect unpaid debts. This is incorrect. Consumers actually have a specific set of rights when it comes to collection activities, and to help educate our readers we have compiled the following list of the top 10 rights.

1. Call Times
No matter what they may say, debt collectors have to adhere to certain time restrictions. Unless you verbally agree to something different, a debt collection agent cannot call you before 8 am in the morning or after 9 pm at night.

2. Requesting to Stop Calling
You can, at any time, send a written letter to the debt collection agency and request they stop calling. By law, creditors cannot continue to call after they have received the cease and desist letter. However, do not forget that sending a letter does not erase or reduce your debt by any means, and the debt collectors will likely seek other ways to get a hold of you.

3. Be Treated Decently
You have the right to be treated decently and fairly by all debt collectors. They have no right to use profane language, make harmful threats, or verbally attack you in any way. If a collector does mistreat you, ask for their name and request to speak with their supervisor.

4. Correct Debt Amount
Debt Collectors cannot at any time misrepresent the amount of your total debt. Do not be intimidated by someone who exaggerates the amount of money you owe in order to scare you. If it persists, simply ask to see proof of their claims.

5. Outside Accounts
A debt collection agency has no right to take money from your social security, IRAs, or any other federal benefits. Any collector stating otherwise is only using scare tactics founded on lies.

6. Request of Debt Report
If you are unsure about your debt amount, debt origin, or any details concerning your debt, then you have the right to request a full debt report. The agency calling should be able to send you a report stating all the information they have on your debt.

7. Stop Work Calls
If debt collectors are calling your work, you or your supervisor have the right to request that all calls cease immediately. With work calls you do not have to send in a written request, once you inform a phone representative that they are calling you work they must stop calling the number.

8. To Refute Debt
You have every right to refute debt claims against you at any time. If you feel that debt a collector is claiming untrue amounts of debt then you have every right to report it as false. At that point, the debt collectors must provide you with proof that the debt amount is correct before they can contact you any further regarding your alleged debt.

9. Written Debt Notice
Once a collector has called, they must send you a written debt notice in the mail within 5 days. Since it is not the law that you must own a telephone, collectors will attempt to contact you in every way possible. You may also receive e-mail correspondence from collectors or even telegrams.

10. Call Amount Restrictions
If you feel a single debt collector is calling you so many times a day that is has practically become harassment, then you have the right to call and speak to a supervisor about it. They do have the right to call you more then once per day, but remember you have the right to be treated decently by all debt collectors.

Tags: Collection Agencies, Collection Practices, collections, credit cards, debt collectors

This entry was posted on Thursday, January 15th, 2009 at 4:33 pm and is filed under Debt Management. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.