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Credit Collection Laws And You
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Credit Collection Laws And You

The Fair Debt Collection Practices Act and the Fair Credit Act has helped thousands of debtors free themselves from collection agents and junk debt buyers who act like complete Neanderthals when collecting debts. Junk debt buyers, collection agencies and sometimes, even original creditors are known mostly for their unforgiving, intimidating and often illegal collection tactics to extract money from debtors. Since laws have been enforced, consumer rights are protected against mean-spirited credit collectors, which is why it is important to educate yourself with credit collection laws to minimize the chances of being harassed by creditors or collection agencies.

One of the most common ways debt collectors obtain information from debtors is asking for their bank or credit card information. In the past, debtors have no other choice but to divulge such sensitive information from creditors or collection agencies. However, things have changed, laws are enacted and junk debt collectors and collection agencies can no longer make a person give his or her credit card and bank information.

Once contacted by a debt collector, debtors are given 30 days to dispute the debt and make the debt collector prove the ownership of the debt in dispute. The bottom line is, you don’t need to pay anything just because someone claims you owe them money. If they can’t produce proof that you owe them money, they can’t collect the money nor can they file a credit card lawsuit.

Apart from proving the debt’s ownership, collectors can no longer threaten, use profanity, vulgarities or use demeaning language to scare debtors into paying the debt. They can no longer humiliate you or talk to third parties about your financial problems. They can no longer discuss confidential debt information to other people. They can no longer threaten to garnish your wages, put lien on your properties when they haven’t gained legal authority to do so. They can only obtain a portion of your paycheck if they win the credit card lawsuit they filed otherwise, no such threats are allowed under the FDCPA.

If debt collectors continuously call you at the dead of the night or early in the morning, you can send them a Cease and Desist letter, information them that you do not wish to be contacted via phone calls and will respond only in writing. In response, the debt collector can only notify you about their next step, usually filing a credit card lawsuit, in writing. If they refuse to comply, they are violating the mandates of collection laws and will be brought to justice.


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Amanda v.  

nice article!

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  about 9 years ago
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