When Can a Collection Agency Call?
- Debt collection agencies may not call before 8 in the morning or after 9 at night, even if the agency is in a different time zone than you (in other words, a California collector can't call you at 11:30 p.m. EST). They may not contact you at your job if they're told not to orally or in writing. You may also write the agency to tell them to stop contact. It will not eliminate the debt, but it can stop the calls, at least temporarily. If you're working with an attorney, the debt collector must contact the attorney instead of you.
- Agencies may call you between the hours of 8 a.m. and 9 p.m. If you permit it, either orally or in writing, they may call you outside of those hours or at your job. Agencies may speak to your spouse or your attorney about the debt. They also may contact a third party but only to find out your location information. They may only contact a third party one time.
- The Federal Trade Commission recommends speaking the agency at least once, even if you don't owe the debt. A collector must send written verification of the debt within five days of the first phone call. Send a return-receipt letter to the collector asking them to stop contacting you because you don't owe any or some of the money. Once the agency provides a written notice, they may begin contacting you again. The notice must provide creditor and balance information and instructions on how to proceed if you don't owe the debt.
- Even if an agency has violated the Fair Debt Collection Practices Act, you still may owe the debt. However, if your rights have been ignored, contact your state attorney general's office and the Federal Trade Commission. Each state has its own laws regarding debt collection practices, but you have the right to sue a collector for damages within one year of the violation in the event of lost wages or incurred medical expenses. Attorney and court costs may also be recouped.
When Collection Agencies Can't Contact You
When Collection Agencies Can Contact You
If You Don't Owe the Debt
What To Do If Your Rights Have Been Violated
Source...