fair debt collection collection act? checklist · collection practices by debt collectors and to...

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What is the Fair Debt Collection Act? The purpose of the Fair Debt Collection Act is to eliminate abusive debt collection practices by debt collectors and to protect people just like you against debt collection abuses. We Are Here to Help __________________________ By contacting the Harrisburg Civil Law Clinic, you are taking the first step in the right direction. Our clinic is staffed with attorneys that are here to help protect your rights and guide you through the debt collection process. __________________________ 3605 Vartan Way, 2 nd Floor Harrisburg, PA 17110 (717) 541-0320 Widener University School of Law Harrisburg Civil Law Clinic What are my Fair Debt Collection Act Understanding Debt Collection and Your Rights Rights? I have recently been contacted by a debt collection agency The debt collector has engaged in behavior that is listed in this brochure Your Next Step: Obtain legal representation Fair Debt Collection Act Checklist © Michael Carbone

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Page 1: Fair Debt Collection Collection Act? Checklist · collection practices by debt collectors and to ... Fair Debt Collection Act Checklist ... Other ways to spot violations of the Fair

What is the Fair Debt Collection Act?

The purpose of the Fair Debt Collection Act is to eliminate abusive debt collection practices by debt collectors and to

protect people just like you against debt collection abuses.

We Are Here to Help

__________________________

By contacting the Harrisburg Civil Law

Clinic, you are taking the first step in the right

direction. Our clinic is staffed with attorneys that

are here to help protect your rights and guide you

through the debt collection process.

__________________________

3605 Vartan Way, 2nd Floor Harrisburg, PA 17110

(717) 541-0320

Widener University School of Law Harrisburg Civil Law Clinic

What are my

Fair Debt Collection Act Understanding Debt Collection

and Your Rights

Rights?

ü I have recently been

contacted by a debt collection agency

ü The debt collector has

engaged in behavior that is listed in this brochure

ü Your Next Step:

Obtain legal representation

Fair Debt Collection Act

Checklist

© Michael Carbone

Page 2: Fair Debt Collection Collection Act? Checklist · collection practices by debt collectors and to ... Fair Debt Collection Act Checklist ... Other ways to spot violations of the Fair

“Truth, Fairness, Dignity and Respect”

v Truth v Fairness v Dignity v Respect

How Do I Know When a Debt Collector is Breaking the Law? Without your permission, a debt collector is prohibited from contacting you at a time or place that is inconvenient.

They may only communicate with you between the hours of 8:00 a.m. and 9:00 p.m.; any time before or after is considered inconvenient and illegal. Also, if you inform a debt collector that it is inappropriate to contact you at work, they are prohibited from doing so. Most importantly, once you are represented by an attorney, a debt collector must stop all further communications. After a debt collector is aware of your attorney’s name and address, they may only contact you with the attorney’s permission. If your attorney does not respond to the debt collector, they may contact you within a reasonable period of time.

Without your permission or the permission of a court, a debt collector may not discuss the

collection of your debt with any person other than you, your spouse

or your attorney. By communicating with anyone else, the debt collector has violated the Fair Debt Collection Act. A debt

collector may only speak to someone in your home for the

purpose of obtaining information about your location. The debt

collector may only speak with this person one time and cannot explain

that you owe any debt.

Debt collectors are prohibited from doing the following:

§ Using threats of violence or harm to you or your property

§ Making false statements regarding the debt

§ Using obscene or profane language

§ Using deception when trying to collect a debt

The Fair Debt Collection Act Maxims

Once you have made the decision, you must contact the debt collector in writing and

explain that you refuse to pay or wish for the contact to end.

The debt collector is then prohibited from additional

contact. However, they may contact you one more time to explain that there will not be any future communication. Also, a debt collector may inform you that they are

seeking legal action against you.

What if a debt collector speaks to someone at my

home?

If a debt collector acts in any way that is against these

maxims, they have violated the Fair Debt Collection Act

and you have the right to take legal action against the

debt collection agency.

What if I refuse to pay my debt?

How do I stop the debt collector from contacting me?

Other ways to spot violations of the Fair Debt Collection

Act: