If you have any questions about the above material, or wish to speak to an attorney, please contact HoganWillig at Amherst Buffalo Ellicottville Lancaster Lockport. Second, identify the debt. Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties.
A debt collector must identify themselves, but should only reveal their employer the name of the debt collector if a third-party asks for the information. In other words, if a debt collector already knows how to contact a consumer they have location information , then there is no reason to call a family member, friend, or co-worker.
The collector cannot ask the third-party to pass on a message, ask for other information, or harass the third-party. Even if the debt collector does not expressly say why they are calling, there is a good chance that if they leave a message, they will directly or indirectly reveal what they are about.
It is illegal for a debt collector to try and collect a debt from a family member or friend that does not owe the debt. For debts relating to loans, credit cards, or other financial services, contact ASIC. For debts relating to goods and services such as phone or utility bills, tradespeople or other service providers, contact the ACCC.
Make a formal complaint if a creditor or debt collector misleads you, threatens you or is abusive. Owing a debt can be stressful, but it's important to remember your rights. Knowing what debt collectors can, and can't do when trying to resolve a debt, and the steps available to you, can make all the difference. Embedded video. The story, all names, characters, and incidents portrayed in this video are fictitious.
This letter is also an excellent source of information for you to use in your research on the collection company. This validation will protect you from collectors illegally re-aging a debt to make it seem more current than it is, or changing the amount you owe by adding on extra fees. The collector must show:. Never provide them with any documents that disclose your bank account numbers. How you handle collection agency calls is just as important as confirming that you owe a debt.
Like any other legal or financial proceedings, keeping conversations professional and impersonal will protect you both emotionally and legally. Do not let the collector drive the conversation to an emotional place, if they start to threaten or accuse you, shut down the conversation. Also, be sure not to become abusive yourself. Collectors will want to find out as much as they can about your finances, but you should not disclose anything until you receive validation of your debt.
This will protect you from assuming responsibility before discovering whether it is legally yours or not. Even if it is unintentional, collectors may make a number of mistakes before pursuing you for debt, such as:. It may appear to the collector that you legitimately owe the debt, but you should stand firm if the debt was created illegitimately. Find out more about Debt Settlement. Some debt collection activity is fraudulent, and can only be spotted by following these steps.
Scammers can be very sophisticated and may appear legitimate, even to the trained eye. Keep an eye out for any red flags, be careful what you disclose, follow up for all legal documentation and make sure that all of the information you are given is correct. Here are signs that it could be a debt collector scam :.
It is likely that a collection agency may turn to the courts to legally compel you to pay or garnish your wages. Here at credit.
0コメント