If you’re struggling to get out of debt, you’re not alone. Last year, the Ohio Attorney General’s office received more than 2,000 debt collection complaints, making collections and credit reporting the second most common complaint category. If you’re having problems with a debt collector, read about your rights and find out what you can do to stop the harassment.
Dealing with Debt Collectors
Constant harassing phone calls and letters from debt collectors can be very frustrating. You may be afraid to answer your phone or even open your mail.
As a debtor, you are protected by the Fair Debt Collection Practices Act (FDCPA), which covers consumer debts used primarily for personal, family or household purposes, such as credit cards, auto loans, medical bills, mortgages and some student loans.
It does not cover debt owed to a governmental agency such as unpaid parking tickets, child support, taxes, or student loans issued by the state or federal government.
The FDCPA requires debt collectors to send you an initial letter within five days of contacting you to tell you the amount of the debt you owe, the name of the creditor to whom you owe the debt, your rights to dispute the debt and how to request verification of the debt.
Under the FDCPA, debt collectors may not:
- Use false names or statements, such as falsely implying that they are attorneys.
- Threaten you or your family with harm.
- Contact you before 8:00 a.m. or after 9:00 p.m.
- Contact you without identifying themselves.
- Tell others about your debt.
- Falsely represent that you have committed a crime.
- Misrepresent the amount you owe on your debt.
If you wish to dispute the debt or request verification of the debt, send a letter requesting verification to the debt collector within 30 days of receiving the initial letter. The debt collector must not contact you again unless the collector sends proof that you owe the money.
Under the FDCPA, you have the right to request, in writing, that a debt collector stop contacting you. To submit this request, write a letter to the collector and send the letter via certified mail. Sending this letter does not change the fact that you may owe the debt. Go here for additional information on the Fair Debt Collection Practices Act .
Links
File a consumer complaint on debt collection
Federal Trade Commission: Fair Debt Collection
Photo by Zach Klein used under CC license