Illegal Debt Collection Practices | AskTOP.net – Leader Development for Army Professionals

Illegal Debt Collection Practices

The Evaluator - Army Evaluation & Counseling Guide

The federal law applies to all debt collectors; that is, those hired to collect a debt for some one else. For example, Household Finance may hire a collection agency to obtain payments on a delinquent furniture loan. Federal law requires debt collectors to provide information, to refrain from harassment, and to refrain from contacting third parties, e. g., your command, except in very limited circumstances. Failure to obey the federal law exposes the debt collector to possible suit for money damages, payable to the victim of the harassment. To begin with, the collector cannot lie about who he is. The collector must identity the creditor and the debt and advise that any information provided may be used in debt collection. The collector must advise the debtor that the debtor can request verification of the debt prior to any further collection efforts. Additionally, the collector must advise the debtor of methods available to stop further attempts to communicate with the consumer. Generally, a written notice by the debtor sent to the collector that the debtor refuses to pay the debt or that the debtor wishes the collector to cease further communications will suffice.

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