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Debt collectors calling? Know your rights


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A telephone
A telephone

Ignoring calls from bill collectors won't make the debt vanish, but consumers do have rights under the federal Fair Debt Collection Practices Act.

The act, administered by the Federal Trade Commission, contains a list of guidelines for debt collectors. The agency reported 71,000 complaints about debt collection violations in 2007.



Esther Acker, counseling services manager for Consumer Credit Counseling Service of Fayetteville, said no collection agency representative should yell or use profanity on the phone.

“If someone is yelling at you on the phone, hang up on them,” Acker said.

Debt collectors may not harass or abuse the consumer or any third parties they contact, she said.

Collectors are also prohibited from:

  • using threats of violence or harm
  • publishing a list of consumers who refuse to pay their debts
  • falsely implying that they are attorneys or government representatives
  • contacting a consumer before 8 a.m. or after 9 p.m. unless the person has agreed to it

Collectors also cannot say you will be arrested. In North Carolina, a collector also cannot threaten to garnishee your wages.

Acker said consumers can mail a letter requesting the person stop contacting them.

“Once you have written them and asked them to stop contacting you about a debt, they can call you one more time,” Acker said.

If the collector persists and calls more than once, Acker said consumers should file a complaint with the state Attorney General's Office.

Acker said she hears from clients regularly who plead for help with how to handle debt collectors.

“We’ve had people actually come in for help with their mortgages that have been intimidated by creditors to pay debt instead of paying their mortgages,” Acker said.

People often face the decision between paying off their bills and paying off their other debts, Acker said.

“The first priority should be your food, clothing, shelter, utilities and transportation costs. That’s everything to run your household,” Acker said.

RELATED TOPICS: Fayetteville

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29 Comments


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Latest Comments
Actually, and I am surprised most do not know this, you can have the debt wiped away completely with just a couple of phone calls. it's called a "hardship status". It's really simple and all you have to do is ask for it. Most will act like they don't know what it is, but when you threaten ot request it in writing, evveryone I have ever dealt with succumb to it. Then again I have friends at Equifax and Trans also. If I don't feel like paying, I just don't.

"What's wrong with living within your means? And paying what you owe?"

Nothing as long as you're working and able to provide for yourself and your family. Consider being a father of four with a wife who is a homemaker. Suppose you get laid off, and the $5,000 used car you bought last month is still being paid off. You want to feed your family and keep the house, but the finance company keeps calling for the $150/month you owe on the car. What would you choose?

Let me just begin by saying you are right everyone should pay what they owe and live within their means however, sometimes things do happen that we did not plan for while we were living within our means. Grow up, not everyone in life that has problems paying their bills is a low life. I make a choice every month to pay $1240 for COBRA Insurance for my family before paying any bill. I consider that very responsible that I am providing insurance for my family and not relying on the welfare system while one of us is unemployed. Thank you.

Although the statute is 3 years from some debts, that is not the case with all. If you signed a document under seal, it is good for 10 years.

The way to avoid debt collectors calling your house is to live within your means and pay your bills on time.

I personally don't think that the law and the legal system should protect people from debt collectors.

You bought the products money, you're responsible to pay off the debts.

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