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Know Your Rights When The Debt Collector Calls
 
Wednesday, Apr 30, 2008 - 08:05 AM Updated: 01:13 PM
 
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By Tom Kenny

With the mortgage crisis, record-high credit card debt and a growing number of people on the verge of personal bankruptcy, debt collectors are busier than ever.

We're taking action with the information you need to know about your rights when the bill collector comes calling.

The Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection.  The law does not erase any legitimate debt you owe.

Personal, family and household debts are covered under the Act.

A collector may contact you in person, by mail, by telephone, telegram or fax.  However, a collector may not contact you at inconvenient times or places, unless you agree.

You can stop a debt collector from contacting you by writing a letter telling them to stop.  This does not make the debt go away if you actually owe it.  You could still be sued by the debt collector or your original creditor.

Debt collectors can contact other people while trying to locate the debtor.  One technique that's often used is called "skip tracing."  Debt collectors will contact people in your neighborhood trying to get your specific address or location.  The practice is legal.

Within five days after you're first contacted, the collector must send you a written notice telling you the amount of money you owe, the name of the creditor and what action to take if you believe you don't owe the money.

A collector may not contact you if, within 30-days after you receive the written notice, you send the collection agency a letter stating that you don't owe the money.  However, a collector can renew collection activities if you're sent proof of the debt.

Debt collectors may not harass, oppress, threaten or abuse you or any third party they contact. 

If you think a debt collector has violated the law, you have the right to sue in a state or federal court within one year from the date the law was violated.

You can report problems with a debt collector to the state Attorney General's Office, the Federal Trade Commission and the Better Business Bureau.

The BBB of Central and Eastern Kentucky is toll-free at 1-800-866-6668 and online at www.ky.bbb.org.

The Kentucky Attorney General's Office complaint line is 1-888-432-9257.

To file a complaint with the FTC, call toll-free 1-877-382-4357.  You can find more helpful information about your rights and the guidelines debt collectors must operate under at www.ftc.gov