The Fair Debt Collection Practices Act (FDCPA) enforced by the Federal Trade Commission (FTC) and private attorneys, allows to check the abusive conduct by debt collectors. This was also in the wake of the number of bankruptcies increasing due to these practices. The FDCPA provides guidelines for debt collectors collecting legitimate debts and provides protections and remedies for debtors.

The FDCPA covers all personal debts, family, household and medical debts, and credit card bills. The FDCPA is a federal law and different states in the United States have different debt collection laws. While filing a case you must take into consideration both the state and federal laws. The state laws are similar to the federal laws in structure but may cover a broader range of debts.

In house debt collectors or debt collectors engaged by creditors are normally not governed by the FDCPA. The Act governs third party collectors.

A debt collector should inform you the following in writing:

• The amount of money you owe
• The name of the original creditor to whom you owe
• Debt collectors should mention that unless you dispute the validity of the debt or a part of the debt, the debt will be assumed valid by the debt collector
• If you dispute the validity of the debt in full or in part within the thirty day period, the debt collector will send you the debt verification
• The debt collector will provide the name of the original creditor in reply to your written request within thirty day period
• If the creditor mentioned by the debt collector is different from the original creditor, the debt collector should provide you the details of the original creditor
• Debt collector needs to send a warning stating that the communication is from a debt collector and that the information he collects may be used to collect debt
• The first notice from debt collectors as well as all subsequent communication should contain this warning

Debt collectors are not bound by the initial thirty day period to continue the debt collection process. The only measure that debt collectors must take care of is to abide by the rights you have in the FDCPA. Their debt collection methods should be within the guidelines under the FDCPA.

Failing to send information is tantamount to violating the FDCPA. In 2009, 22,708 complaints of the total FDCPA complaints or 25.7% were about debt collectors not providing the required notices. This was 10% more than the complaints in 2008 which was 15.7%.

Verifying debts at your written request is mandatory under the FDCPA. If debt collectors do not verify the disputed debts, they must cease all collection efforts. In 2009, 11.5% of all FDCPA complaints were about not verifying disputed debts.

It is imperative for debt collectors to send consumer notices. The absence of such notices is considered a violation of the FDCPA. Your rights under the FDCPA protect you against such violations. You may contact an FDCPA attorney if you are a victim of such a violation.

One of the violations of the Fair Debt Collection Practices Act (FDCPA) enforced by the Federal Trade Commission (FTC), is collecting a non existent debt. Debt Collectors resort to creating phantom debts or bringing old and paid debts to life in search of easy money.

Creditors, unable to recollect debt from debtors, usually sell debts to third party debt collectors. These third party debt collectors are over zealous to extract money from innocent consumers. The debt collectors buy debts from creditors for a throw away price and have nothing to lose. However, each debt collector's commission is calculated on the basis of his ability to collect payments on debts.

Debt collectors need prey to feed on. You are the vulnerable victim that they have found for this purpose. Debt collectors bet on your lack of knowledge of your rights in the FDCPA. They often dig out old debts either completely paid or written off or have crossed the Statute of Limitations. These are called zombie debts. They are used by debt collectors to intimidate you to pay up. You have rights in the FDCPA that protect you from such debts.
 
If you are being harassed by a debt collector for an old debt of yours which you have repaid completely, you have to use your first tool – ask for validation of the debt within 35 days of the first call from debt collectors. Ask the debt collectors to send complete validation of the debt along with the name of the original creditor and details of the amount spent. Your request should be made in writing and the letter sent via certified mail with return receipt request. This should stop the debt collectors in their tracks because it is very difficult for debt collectors to validate a debt that is so old.

Like everything else debts also have expiry dates. The Statute of Limitations (SOL) is the maximum time a debt collector can collect the payment from you. Even after the SOL expires, if debt collectors contact you, you can counter by sending a cease and desist letter to the debt collectors through certified mail with return receipt request. If the debt collector sues you, you may go to the hearing  with the SOL and prove your case.

Cease and desist letter is a formal written request to debt collector to stop any further communication with you. This letter should stop the collector from calling you any further. If he continues to call, you can take legal action against him for violation of the FDCPA.

You may engage an attorney to handle the legal aspects of the case and intimate the debt collectors about this. Once you engage an attorney, debt collectors cannot contact you. If he still does he can be sued for this violation of the FDCPA.

Debt collectors cannot legally send your debt payment history to credit bureaus within the 30 days period for debt validation. If he reports, you can dispute the credit report by sending a credit dispute to the credit reporting agencies. It would be better to include a copy of the debt validation letter you sent to debt collectors.

The Fair Debt Collection Practices Act (FDCPA) was enforced by the Federal Trade Commission (FTC) to regulate and govern debt collection practices. The FDCPA and the state debt collection statutes constitute protection cover against illegal and unethical debt collection practices.

The FDCPA lays down rights of consumers for a fair collection of a debt. Your rights protect you against unfair debt collection practices. However, the FDCPA does not protect any legitimate debt.

When you fail to make debt repayment on time you may be contacted by a creditor or a collector engaged by the original creditor otherwise known as a debt collector. A third party agency or a debt collector who has bought the debt from the original creditor can also approach you for payment.

All types of personal, household and family debts are covered in the FDCPA. These include auto loans, medical expenses and charge cards.

In a recent case of debt collection harassment from Elyria, Ohio, a debtor was threatened with a lawsuit and imprisonment. Debt collectors went to the extent of claiming to reach debtor's house with the police to press arrest. The lady was shaken by this incident and did not contact anyone for the fear of debt collector's threats. Debt collection methods are taking ugly turns with collectors resorting to the worst kind of techniques.

In the above situation the harassed lady should ask for validation of debt. Not validating a debt is a violation of the FDCPA. She could have stopped the collector from contacting her by sending a letter (cease and desist) to the collection agency to stop all communication through certified mail. After receiving the cease and desist letter collectors may call her once more to inform of their next action.

Such horrific situations can be avoided if you learn your rights in the FDCPA. Debt collection practices are strictly governed by the FDCPA. According to the Act, a collector can contact you for debt on phone, by email or fax, by mail or telegram. He can call you between 8 am and 9 pm. He should not threaten you with actions he does not propose to take. He should not pose to be an attorney or a police personnel to extract money from you.

Whatever the status of you debt if you are harassed by debt collectors, you may engage an attorney who is well versed in the FDCPA. Debt collectors should be informed of your attorney and they should contact him only once you engage an attorney. Once you are represented by an attorney the debt collector cannot contact a third party for any information about you.

It is a violation if debt collectors do not disclose their identity or quote a wrong payment amount. Debt collectors must disclose the name of original creditors at your request. All collection efforts must be stopped if you request for validation of debt. They may resume collection activity after validating the debt.

If you are facing charge of multiple debts, the payment has to deducted against the debt strictly mentioned by you. Debt collectors do not have the right to deduct payment against a debt other than the one you mentioned.

Knowledge of your rights in the FDCPA definitely give you an edge over the debt collectors who violate the FDCPA. You may contact an FDCPA attorney if you wish to sue the debt collection agency for FDCPA violations.

I have an outstanding credit card with the army exchange. I am retired coast guard and have had some rough times since I have retired in 05. We did owe about $5,000 on this card but trying to stay above water with my mortgage we let the credit card get behind. A company called NCO called my work looking for me so I tried to call them back over a 5 day period with no luck getting through. I got hold of a person named Todd Lane who had called my work looking for me. He is from NCO. I talked to him on 1/19/09. He informed me that this is a federal debt and is worse than bankruptcy. He told me that I owed $6900 and that the federal government was going to garnish my retirement and any tax returns. He then told me that if I paid him $2075.00 now and $400.00 a month he would not send a fax to my job and start a min 15% wage garnishment at my regular job. I told him that I did not have that much money to put down but could pay him 400-$500 a month. He said I needed to go to a bank and get a loan to pay him. He tried pushing the Navy Federal Credit Union on me. I told him that I could not pull a loan with my credit the way it was and we are trying to heal my credit. He wanted me to get a co-signer for a loan. I told him that I needed to talk to my wife about this. He said I had 24 hours before he sends a fax to my work and garnish my wages. I don’t know where to go with this. I want to work with them but I can’t get my job involved. Please help me.

One collection agency called Calvary Portfolio services called my mother’s home on a Sunday afternoon asking for someone named Buckner which is not us. They called many times before but ignore the fact that we told them that no Buckner lives here and we do not know a Buckner. Portfolio Recovery has called my mother’s house numerous times looking for a person named Joyner, she told them each time no Joyner lives there and we do not know a Joyner. I have called them twice about this issue and each time they tell me they took my mother’s number out of their database. The numbers are all 800 numbers I had to *69 them because my mother is elderly and doesn't know how to confront them. Can I get a list of 800 numbers that called from my phone company? My mother’s number is in my name, and I have had this number for years. I have no debt in collection myself and my credit/debt/liabilities are current with a high FICO score. My mother owes nothing and is not in any default. Do I have cause for legal action beyond filing a complaint with the FTC?
ANTONIO DIFRANCO

NCO bought my debt from Am Express. They called my ex husband and told him he was responsible for 1/2 of the bill and they would sue, him for at least 1/2 if not all, they would lien his house and garnish his wages. I called AMEx and they said he is not the cardholder. I contacted NCO-Beverly and she gave me the same response said I had until 1/30 to get together at least 15,000 to pay the debt down to a reasonable amount or they would sue, garnish, lien all of the above. They call me about 3 times every day. I have started making payments of 100.00 and she said it was not good enough. I had dealt with them previously and they threatened the same thing. I was so rattled when my ex called that when I called her she got my work address, phone, wages, and cell #. I told her this could place my job at risk. She didn't care. I also told her I could not come up with that kind of money and she said I had to by tomorrow have an answer for her or she would sue my ex and me. I have called her back after I contacted AMEX and left her a voice mail to not contact my ex again as it was not his debt, not to call me at work because I could lose my job and that I was not done with this issue and she would hear from me tomorrow.
Janette Atkins.

NCO has been calling me for over a year now trying to collect a debt I do not owe (my daughter owes the debt); NCO continues to call after I sent a cease and desist (I have letter and certified receipt); Sessions office sent me a letter dated 02-08-08, saying they will close the account (I have the letter), but NCO continued to call;
David Hardy

I defaulted on a car loan back in 1995,but made arrangements to pay what was owed to stay out of court, then in 2003 I received a bill from cavalry portfolio for 19,000 dollars. at the time I owed on a student loan and assumed it was just that. So the lady from cavalry would call and set up payments for 3 months at a time. Then after a while she just started taking it out every month without my consent. This is when i found out it wasn’t the student loan. I told her right then and there not to take any more money out of my account. I explained to her that I took care of this debt back in 1995. Of course the original company no longer exists, and they expect me to find the proof that I paid this money. I was receiving phone calls nonstop every day for awhile, and then they stopped. Now they are calling again, and they even called me at my place of work last week, which I assumed was against the law to do. The original car loan was for 5500 dollars, after I defaulted they were going to sue me for 3000, and i settled to pay 1200(100 a month) to keep it out of court and settle the debt. They never seem to want to give me any information, as to how I owe this money. They do not show up on my credit reports, but they keep popping up as credit inquiries, in order to knock my credit score down. Please let me know if there is anything I can do to resolve this.

Regina Cain