For help understanding and protecting your rights under the FDCPA, go to http://yourlegallegup.com. Some Basic Information about the FDCPA If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, - or if someone claims you are - you are a "debtor" within the meaning of the FDCPA. You may be contacted by a "debt collector." The Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. What debts are covered by the FDCPA? 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 for personal items, among other things. It does not include debts created for business or income. Who is a debt collector for purposes Of the FDCPA? A debt collector is any person who regularly collects debts owed -- or supposedly owed - to others. This definition includes attorneys who collect debts on a regular basis. And "on a regular basis can mean just "several cases per year." How may a debt collector contact you? A collector may contact you in person, by mail, telephone, telegram, or fax. When may a debt collector Contact You? 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. Likewise, if you tell them other times are inconvenient (for example if you work a graveyard shift) they cannot call you at that time. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts. How 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. Sending such a letter does not make the debt go away. The debt collector could still sue you for it. Whom Can a debt collector contact 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, although they can seek to verify information if they need to.. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. 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. 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. This is the "right to verification." If you do not seek verification within 30 days, you will lose the right to demand it from this collector - but you don't lose the right to halt all communications, nor do you in any way "admit" the debt by your silence.

• published: 04 Nov 2013
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