A debt collector must not mislead, harass, coerce or act unconscionably towards you. If a debt collector contacts you about a legitimate debt, be cooperative but also expect to be treated professionally. For debts relating to loans, credit cards, or other financial services, contact ASIC. For debts relating to goods and services such as phone or utility bills, tradespeople or other service providers, contact the ACCC.
Make a formal complaint if a creditor or debt collector misleads you, threatens you or is abusive. Owing a debt can be stressful, but it's important to remember your rights.
Knowing what debt collectors can, and can't do when trying to resolve a debt, and the steps available to you, can make all the difference. Embedded video. The story, all names, characters, and incidents portrayed in this video are fictitious. No identification with actual persons living or deceased , places, buildings, and products is intended or should be inferred.
A debt collector generally cannot discuss your debt with anyone but you or your spouse. The collector has to tell you four pieces of information. Make sure to send the dispute letter within 30 days. Once the collection company receives the letter, it must stop trying to collect the debt until sending you written verification of the debt, like a copy of the original bill for the amount you owe.
Consider sending your letter by certified mail and requesting a return receipt to show that the collector got it. Keep a copy of the letter for your records.
If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you choose. And you can respond either personally or through your attorney. That will preserve your rights. Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts.
A collector also can seek a court order to take money from your bank account. If you have an unpaid debt, a creditor or the debt collector it hires may get a court order to try to take money from your bank account to pay the debt. The court order is called a garnishment. Many federal benefits are generally exempt from garnishment, except to pay delinquent taxes, alimony, child support, or student loans.
States have their own laws about which state benefits can be garnished. Debt Collection. Harassment by a debt collector can come in different forms but examples include repetitious phone calls intended to annoy or abuse, obscene language, and threats of violence. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone Obscene or profane language Threats of violence or harm Publishing lists of people who refuse to pay their debts this does not include reporting information to a credit reporting company Calling you without telling you who they are You can also sue the debt collector for violations of the FDCPA.
This includes misrepresentations about the debt, including: The amount owed That the person is an attorney if they are not False threats to have you arrested Threats to do things that cannot legally be done Threats to do things that the debt collector has no intention of doing It is a good idea to keep a file of all letters or documents a debt collector sends you and copies of anything you send to a debt collector.
Don't see what you're looking for? Browse related questions What is an "unfair" practice by a debt collector? Can a debt collector try to deceive me to collect on a debt?
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