There are certain laws issued for people that have bad credit and to know these laws is important to protect all those involved in your life. The Federal Legislation and several other agencies including the Fair Credit Reporting Act (FCRA) protect you from collection agencies and creditors. If you have bad credit you really want to read this article especially if you are being harassed by creditors or else threatened. First, we are going to look at what steps debtors can take to protect their status.
Debtors have the right to ask collection agencies or any source hassling them for debt collection to stop hassling them. You must contact the collection agencies immediately and request that they stop communication with your completely. It is important to word your letter wisely avoiding giving them ammunition against you. You can do this if your collection agency has claimed a lawsuit against you, or if the date has ended, where the creditors can no longer contact you.
If the collection agency has written several letters or made several phone calls threatening you with a lawsuit, you can write an informal letter asking the agencies to stop nagging you. If you have a current debt, it is wise to negotiate with the creditors, since some may reduce your balance or even dropped the debt completely. If the debt is older than seven years, it is important that you DO NOT communicate with a collection agency regarding the bill. At the seven-year period, the account should have been removed from your credit report. If it has not these people are in violation.
There are several reasons why creditors will disregard lawsuits. Some of those reasons include reductions in their chances of winning the suit. If your debt is old then collectors avoid paying high attorney fees to collect the balance. Therefore, knowing is glowing when you have bad credit. If you owe a debt, you have the legal right to protect your self against creditors. The best solution is stop ignoring the problem and finding a solution to repair your credit. Problems do not go away, rather they add up more problems. Credit repair is a deduction so you do not want to add on more than you can take.
Collection agencies under the law cannot correspond with you by sending mail to your address with symbols or labels. Collection agencies cannot call your mom and dad, or any family member regarding your debt. The collection agencies are obligated by law to cease communication if you have been subpoenaed to court.
Collection agencies are under law to avoid calling debtors after 9pm or before 8am. (Some laws state that the collection agencies cannot call after 10pm and before 5am.) If you have an attorney and the collection agencies know this and calls anyway, immediately file a complaint to the proper agencies regarding the action. It is important to document all information when you are in debt. This can protect you when the moment arises. If you have a job and a collection agency calls your work environment he or she is in violation of the law. (Note: If your employer allows calls, the law may not be effective)
Collection agencies are prohibited from impersonating law enforcement or government officials in an effort to collect a debt. At no time is a collection agency allowed to make available to the public information regarding your debts. Collection agencies are prohibited from sending letters, making phones calls, or acting out any form of communication that insinuates false impersonation.
It is also against the law for collection agencies to repeatedly call your home requesting you or threatening you to pay the debt. If a collection agency phones your home, they must comply by the law and identify their name and the companies name within one minute of the phone conversation. Finally, collection agencies are prohibited to list debtors on the ‘deadbeat’ list. Many laws and regulations apply to both collection agencies and debtors. Therefore, when you know the law you have strength to protect your self and a possible solution to avoid the law. If your credit is bad, the first step to a resolve is paying your dues and knowing the laws.
Information is this email is for information purposes only. Always contact your lawyer if you need legal advice.
