| |
Consumer
Advisories
August 2002
Fair Debt Collection: Know Your Rights
Most Americans find themselves owing some kind of debt
at some time in their life. We have an obligation to pay
our debts - but we also have a right to be treated fairly
by debt collectors. Iowa law prohibits coercive, abusive,
harassing, fraudulent or deceptive collection practices
in consumer debts.
Here are some important rights you have when dealing with debt collectors:
Although debt
collectors may threaten to garnish your wages, they may
not garnish without first suing you in court and winning.
Some forms of income that cannot be affected include Social
Security benefits, disability benefits, Family Investment
Programs, or unemployment compensation. There also are
legal limits on how much of your wages or retirement benefits
may be garnished.
Debt collectors
may contact your employer, relatives, or friends about
your debt ONLY in very limited circumstances. Collectors
may confirm your employment or address, but they may not
share information about any debts you may owe with anyone
other than you or your attorney.
To stop unwelcome
phone calls at work, write a letter to debt collectors
that clearly tells them not to call and why not.
The letter should let debt collectors know things such
as "your calls could make me lose my job" or "these repeated
calls are harassing me." Also, let the collectors know
how they can reach you, for example, "by mail, only at
my home address." Send your letter by certified mail,
and be sure to keep a copy of the letter for your records.
Collectors
may call from 8 a.m. to 9 p.m., 7 days a week, including
Sundays. To stop Sunday calls, notify the collector
in writing what days and times not to call.
The debt collector
must send a written notice about the debt within five
days of the first telephone contact. You have
30 days to file a written dispute, then they must provide
written verification. Be sure to dispute the debt in writing
if it is not your debt, if you have paid it already, or
if you feel the figures are inaccurate.
All valid debts should
be paid in a timely manner. Respond to all debt collector
inquiries, even if you do not believe the debt is yours.
Deal with debt collectors in writing as much as possible.
Having a written copy of any agreement for payment makes
it much easier for you and the debt collector to prove the
communication took place.
More Sources on Fair Debt
Collection Suggested by the Office of Iowa Attorney General
Tom Miller:
Federal
Trade Commission
For more information or to file a complaint, contact
the Attorney General's Consumer Protection Division, Des
Moines, Iowa 50319. Call 515-281-5926.
|
|