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A
creditor may turn your account over to a debt-collection agency
if you fall behind or stop making debt payments on your account. This is a sign that the creditor has given up on you making
payment. At this point, you will no longer receive past due
notices in the mail. Instead, the collection agency will contact
you and try to get payment from you.
The
Federal Fair Debt Collection Practices Act regulates the actions
a collection agency can take.
Under
the federal Fair Debt Collection Practices Act, a collection
agency:
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Must
send you written notice of the amount 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 it.
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May
contact you in person, by mail, by telephone, or by telegram
between the hours of 8AM and 9PM.
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May
not contact you at work if you tell them that your employer
does not allow such phone calls to be received.
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May
not address you in an abusive manner.
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May
not call other people (i.e., family and friends) in an
effort to collect your debt. |
If a collection agency violates those conditions, you may
file a complaint with the Federal Trade Commission, your
state attorney general's office and/or the Better Business
Bureau. If you do this, you must send the collection agency
a written notice to stop harassing you and advise them that
you have filed a complaint against them.
You can also advise a creditor or collection
agency in writing that you refuse to pay a debt or that you wish
for them to stop all communication with you. While this doesn't cancel the debt it prevents the
collection agency from contacting you until it proceeds with a
legal remedy such as a lawsuit, judgments, or lien. |

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