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Summary of the Fair Debt Collections Practices Act
A Summary of the Fair Debt Collection Practices Act
Most people who have encountered debt have also encountered those crude, ignorant and obnoxious Debt Collectors. In most cases, a day wouldn't go by without receiving harassing phone calls, nasty letters and disturbing knocks on your household door. Why would these debt collectors go as far as calling your work, harassing your children and threatening to have thugs come to your home to collect payment? They do this because there is nothing more satisfying in there lives then to make threats to people who are already emotionally weak. Now that the laws are against them, there backs are against the wall and the only satisfaction they get is trying to beat the system. The laws are now on your side for the better and it is important to understand the law.
Fair Debt Collections Practices Act (Summary)
They are breaking the law if they do any of the following:
- Cannot contact you after 8:00 Anti meridian and 9:00 Post Meridian
- Cannot contact you if they know you are being represented by an Attorney
- Cannot contact you at your employer if they know that your employer prohibits the consumer from receiving such information
- Cannot contact you after you have notified them in writing to cease communication on the particular debt in question.
- Cannot use any threat harm or violence or physical abuse
- Cannot use obscene or profane language
- Cannot publicize your debt to anyone except the Consumer reporting agencies
- Cannot continuously ring your telephone and engage you into repeated conversations to annoy, abuse or harass
- Cannot falsify the amount of debt that you owe
- Cannot solicit and ask for a post dated check
- Cannot force charges to the consumer. Things such as forcing collect calls or telegram fees
There are so many more parts to the Fair Debt Collections Act that you can use to see if the Debt Collectors are really breaking the law. Don't be fooled by there tactics when they tell you that you can't cease communication with them by a letter. They are telling you this because it is the one thing that they don't want you to do. Once you cease communication with them, they have know other means of collecting the debt from you unless they take you to court. Pay attention to your States "Statute of Limitations." Most Statute of Limitations will only allow the consumer to be sued within a time period of anywhere from 4 to 6 years. If the debt went delinquent longer then 4 or 6 years then you no longer have an obligation to pay on the debt. In fact, if they take you to court you will win.
Cease Communication Letter
Cease Communication (Sent Certified Mail)
ATTN: Customer Service_________________________________
City, State Zip Code_________________________________
This letter is in regards to my account with ____________________________
I am requesting that you cease communication with me regarding my account. Any future phone calls that I receive at my home or my work will be reported to the Federal Trade Commission as a violation of my rights according to 15 U.SC. 1692c.
Don't let these Debt Collectors take control of your life. Stop them now by writing the letter and ceasing communication from them. It will help you stay focused on your plan for getting out of debt and becoming completely debt free. Learn more about debt laws and facts at debt-escapes.
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