Nachshon Draiman, How to Protect Yourself: Debt Collections


So you are getting collection calls? You're desk is full of unpaid bills. You dread answering the phone. You are having trouble sleeping at night because you are worrying about a bunch of bills. You feel depressed. Does any of this sound familiar? If it does then, maybe this article can help you.

First of all you need to realize that you are not the only one. You are not alone. Then you need to know that there can be light at the end of the tunnel. This article is not meant to be legal advice. It is to let you know your rights under the law. Perhaps it will steer you in the right direction.

As this site is targeted for residents of Jacksonville, I will only deal with Florida statutes. I will explain your rights under the Fair Debt Collection Practices Act (FDCPA). This is legislation that was enacted in 1977 to stop abusive collection practices. I quote the Florida State Attorney General

How to Protect Yourself: Debt Collections/Consumer

Source: The Florida Attorney General's Office

You may have questions relating to debt collections if you are contacted by a "debt collector," someone who regularly tries to collect debts owed to others. A debt collector may contact you if you are behind in your payments to a creditor on a personal, family or household debt, or if an error has been made in your account.

A debt collector may contact you in person, by mail, telephone, telegram, or fax. However, a collector may not communicate with you or your family with such frequency as can reasonably be expected to be harassing. A debt collector may not contact you at work if the collector knows your employer disapproves. A 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 is required to send you a written notice within five days after you are first contacted, telling you the amount of money you owe. The notice must also specify 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.

You may stop a collector from contacting you by writing a letter to the 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, or to notify you if the debt collector or the creditor intends to take some specific action.

If you do not believe you owe the debt, you may write to the collection agency within 30 days after you are first contacted saying you don't owe the money. The agency may not contact you after that unless you are sent proof of the debt, such as a copy of the bill.
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