3 tips to protect yourself from unscrupulous debt collectors

  • Published
  • By 2nd Lt. Rufus Gorkhali
  • 71st FTW Legal Office
Late night phone calls, harassing voice messages and threats of legal action are tactics that could be used by an agency claiming that you owe money.

A debt collector could contact you claiming you owe several hundred dollars for magazine subscriptions you never ordered, or they could be calling you about a legitimate debt. Either way, you have rights under the 1978 Fair Debt Collection Practices Act.

The act prohibits debt collectors from using predatory or harassing tactics to collect money. Personal, family and household debts are covered under the Act.

A debt collector may contact you in person, by mail or telephone but should not contact you at inconvenient or unusual times or places if you object.

Collectors may not make false statements when attempting to collect a debt, such as falsely implying you have committed a crime or claiming they will take actions they have no legal authority to take.

Of course, the Fair Debt Collection Practices Act does not prevent collection of legitimate debts. However, if a servicemember is contacted by a debt collector, he or she should do the following:

Get information in writing.
In accordance with the law, the collector must send a written notification within five days of contacting a debtor. The notification must include the amount of money owed, the name of the creditor and action the debtor should take to contest the debt.

Dispute the debt in writing.
If a servicemember contests a debt in writing within 30 days of receiving a written notice of the alleged debt, the debt collector cannot continue to contact the servicemember. Servicemembers should keep a copy of all letters sent to debt collectors with proof of mailing.

Maintain records of phone calls and messages.
Keep a file with notes from phone conversations and copies of all written correspondence with debt collectors.

Write down the day and time of every collection call, the collection agency's name, the amount of the debt allegedly owed and a summary of the conversation.

Debtors should understand a statute of limitations may prevent debt collectors from collecting very old debts. However, if a debtor admits the debt or agrees to pay, either in full or through a payment plan, the time allowed for collecting the debt may start over.

To learn more about your rights or to file complaints against collection agencies, contact the Consumer Financial Protection Bureau by calling 1-855-411-2372 or online at www.consumerfinance.gov.

If you have any questions regarding debt collection, make an appointment with the Vance Legal Office by calling 213-7404.