Third Party Collections Law and Legal Definition
Third-party collection agancies are in business to collect debts on behalf of others, and represent a wide variety of creditors, such as hospitals, car dealers, and others. Collection agencies specialize in collecting the balance in full from the debtor while trying to avoid litigation. Filing suit against a debtor should be a last resort; a judgment is time-consuming, costly, and often worthless unless executed properly.
Various federal and state laws govern debt collection practices. The Fair Debt Collection Practices Act is a federal statute aimed at curbing abusive practices in debt collection.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fair Debt Collection Practices Act, this includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or Fax. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves.
Can you stop a debt collector from contacting you?
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, but only to find out where you live and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse anyone. For example, debt collectors may not: use threats of violence or harm against the person, property, or reputation; publish a list of consumers who refuse to pay their debts (except to a credit bureau); use obscene or profane language; repeatedly use the telephone to annoy someone; telephone people without identifying themselves; advertise your debt.
False statements. Debt collectors may not use any false statements when collecting a debt.
For example, debt collectors may not:
- falsely imply that they are attorneys or government representatives;
- falsely imply that you have committed a crime;
- falsely represent that they operate or work for a credit bureau;
- misrepresent the amount of your debt;
- misrepresent the involvement of an attorney in collecting a debt;
- indicate that papers being sent to you are legal forms when they are not;
- indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
- you will be arrested if you do not pay your debt;
- they will seize, garnish, attach, or sell your property or wages, unless the collection
- agency or creditor intends to do so, and it is legal to do so;
- actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.
Debt collectors may not:
give false credit information about you to anyone;
- send you anything that looks like an official document from a court or government agency when it is not;
- use a false name.
- unfair practices.
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- collect any amount greater than your debt, unless allowed by law;
- deposit a post-dated check prematurely;
- make you accept collect calls or pay for telegrams;
- take or threaten to take your property unless this can be done legally;
- contact you by postcard.
Some of the relevant legal forms include:
Notice of Violation of Fair Debt Act - Continued Contact
Notice of Violation of Fair Debt Act - Notice to Stop Contact
Notice of Violation of Fair Debt Act - Not my Debt
Notice of Violation of Fair Debt Act - Failure to contact Attorney
Notice of Violation of Fair Debt Act - Improper Time of Contact
Notice of Violation of Fair Debt Act - Unlawful Contact by Postcard
Notice of Violation of Fair Debt Act - Ltr. To Federal Trade Commission
Notice of Violation of Fair Debt Act - Improper Contact at Work
Notice of Violation of Fair Debt Act - Improper Contact at Work
Notice of Violation of Fair Debt Act - False Information Disclosed
Notice of Violation of Fair Debt Act - Harassment
Notice of Violation of Fair Debt Act - Creditor being Abusive
Notice of Violation of Fair Debt Act - Creditor Misrepresented Himself
Notice of Violation of Fair Debt Act - Improper Document Appearance
Letter to Debt Collector Re Fair Debt Collection and Practices Act
Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
Letter to Debt Collector Re Fair Debt Collection and Practices Act
Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
