Frequently Asked Questions

Can a Debt Collector call my friends and family, and can they leave messages for them on their answering machines? Yes, but this is a very limited right. They are allowed to ask questions about your location.

Can the Debt Collectors call me at all hours of the night? No. The FDCPA says that the debt collectors may only call between 8am and 9pm in the time zone of the person being called.

I just found out that my debt was sold to someone else, do I have any rights or does this mean I have to pay someone else more? You do have rights. You have all the rights that you had with the original creditor. The new owner of the debt is only allowed to collect an amount equal to that which the original creditor could have collected. To add special fees or penalties not contemplated or allowed under the original contract is a violation of the FDCPA.

To have a local attorney evaluate your
creditor harassment case for free, click here now.

One of my debt collectors has asked that I write them a post-dated check; do I have to do this? A provision of the FDCPA restricts a debt collector’s ability to solicit, accept or deposit a post dated check. First of all, the debt collector cannot try and cash a check before the date on the check. Secondly, a debt collector cannot solicit a post-dated check in order to threaten it turn over, or to turn it over to the State attorney’s office for criminal prosecution. Lastly, if the debt collector accepts a post-dated check it must notify the consumer three to ten days prior to depositing it.

I made an installment agreement to pay on a debt with the original creditor, but now the debt as been sold to another. Is the new owner of the debt bound by the installment agreement? Probably not. Typically, when debt is sold to another the new owner of the debt can decide to accept the arrangement or not. This particularly true, when the installment arrangement was not documented properly.

A debt collector is trying to collect on a debt that I don't believe I owe.  How do I  get them to stop?  If you follow certain steps, under the FDCPA, a person in this situation can get the debt collector to stop.

1. send a certified letter asking for verification of the debt. 
1. A debt collector properly verifies the debt by sending photocopies of documented proof that you owe the debt. 
2. The debt collector needs to provide a letter offering to verify the debt within 5 days after their initial collection attempt. There are some variations to this rule whereby the debt collector can modify their obligations somewhat. But no matter what, if you dispute the debt you need to ask the debt collector to verify the debt immediately.
2. Ask the debt collector to stop contacting you because you dispute the debt
3. Once the debt collector has been told that you dispute the debt, they are barred from contacting you to try and collect the debt or putting negative information on your credit report (but they can still call to let you know they are going to sue you).

This ability to have a debt verified is an important part of the FDCPA. So important, that even inadvertent violations constitute violations of this Act.

Is a debt collector allowed to call me while I’m at work? Yes, a debt collector can call or send correspondence to you at work so long as they haven’t been told (or have reason to know) that you are not allowed to take such calls or receive such letters while at work Moreover, if you are allowed to accept mail from a debt collector while at work, any written communication sent to you at work must be marked "Personal and Confidential."

If you don't want to be contacted at work, write the debt collector a letter asking him not to call you at work or send you notices at work because your boss forbids such activity.

When can a debt collector speak with my employer, if at all? Debt collectors are allowed to peak with your employer but they are limited in what they are allowed to talk about. Put simply, they are allowed to:

1. verify your employment and your work location,
2. to find out whether you have medical insurance to cover a specific debt, or
3. to garnish your wages. 

It is never appropriate for a debt collector to reveal the reason for the call to your employer or any co-workers. 

What are the rules on having your wages garnished? In order to garnish your wages, the debt collector must first sue you and obtain a judgment against you.  If you have never been sued, then there is no need to fear an immediate garnishment of your wages (or freezing of a bank account). Not everyone is subject to having their wages garnished. Who can have their wages garnished and how much of a person’s wages is subject to garnishment is regulated under both federal and state laws.

Under the Federal Consumer Credit Protections Act (FCCPA) a portion of a person’s wages are exempt from garnishment. Also, under the FCCPA an employer cannot fire a worker due to garnishment resulting from a single debt.

Some states do not allow the head of household to have their wages garnished if they earn  fairly low amount.

Wage garnishment rules only apply to “wages.” If your sole source of income is from a source other wages, then these rules do not apply.

For many people, their only source of income is Social Security Benefits. Under the Social Security Act, Social Security benefits cannot be garnished or levied in anyway.

To have a local attorney evaluate your
creditor harassment case for free, click here now.