If an attorney is representing you regarding the debt, the debt collector must deal with the attorney instead of with you. Sending a letter does not resolve the debt and will not stop action to collect the debt, but it can affect how the collector communicates with you. You may want to talk to the debt collector at least once to see if you can resolve the issue, but if you decide you do not want the collector to contact you again, document it in writing. When a debt collector calls, they must follow up within five days with a written "validation notice." This notice must spell out the name of the creditor you owe money to, how much you owe, and how to proceed if you think you don't owe the money. It does not apply to debts incurred running a business. The FDCPA applies to personal, family, and household debts, including money you owe on credit cards, auto loans, medical bills, and your mortgage. ![]() This means collection agencies, lawyers who collect debts, and companies that buy debts and then try to collect them are all covered. The FDCPA considers anyone who regularly collects debts owed to others as a debt collector. The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices when trying to collect a debt. The Federal Trade Commission (FTC) enforces the Fair Debt Collection Practices Act (FDCPA) in the United States. ![]() ![]() The first thing to understand is that debt collection process rules are in place to protect consumers, in both the U.S. Instead, understand your consumer rights, learn what collection agencies can and cannot do, and then take steps to resolve the issue. When the calls from collection agencies start, it adds a new level of stress. It can be frustrating and scary to fall behind in payments on credit cards or other accounts.
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