Dealing with Debt Collectors

FAIR DEBT COLLECTIONS PRACTICES ACT – FDCPA

ILLEGAL FOR DEBT COLLECTORS –

  • Call repeatedly or not stopped calling after you advised them to stop? 
  • Threaten you with a lawsuit or wage garnishment? 
  • Ask you to pay more than owed or added interest/fees beyond the initial debt amount?
  • Inform a party about your debt other than your attorney or your spouse example co-workers, relatives, etc.)
  • Not sending a notice summarizing debt within 5 days of opening communication.
  • Make any false statements or representation.
  • Debt collectors can’t contact you at inconvenient times or places. They can’t contact you before 8 a.m. or after 9 p.m., unless you agree to it. They also can’t contact you at work if they’re told you’re not allowed to get calls there. If they break these rules document it and report them to your Attorney General. Make sure to get names and times and dates,

Stop collectors from calling-

  • Send a letter by mail asking for contact to stop (make yourself a copy before you do). Send it by certified mail and pay for a “return receipt”. 

NOTE -Social Security Benefits – Many federal benefits are generally exempt from garnishment, though they might still be garnished to pay delinquent taxes, alimony, child support, or student loans.  Missouri statue limitations on debt is 10 years. You can find out your state’s statute of limitations by going to your Attorney General’s website.

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