COLLECTION - Debt Collection Laws and Lawyers
Collection law applies to any person or organization using interstate commerce to attempt to collect a debt. Generally, federal debt collection laws apply only to third party organizations collecting a debt on behalf of a creditor however, several states have enacted similar laws applying to original creditors as well. If you feel you have been harassed or improperly treated by a collection agency, you should contact a collection attorney for assistance.
Debt collection laws prohibit conduct that reflects an unprofessional or harassing means of collecting a debt, such as calling outside of the hours of 8am - 9 pm, revealing a debtor's issue to third parties or employers, contacting a debtor who is knowingly represented by an attorney in the matter, publishing a debtor's name, threatening arrest or legal action, use of abusive language, or reporting false information about a debtor to the credit agencies. Any debtor who feels any of these actions have been taken, or feel otherwise harassed or improperly contacted by a debt collector, should work with a debt collection attorney. Collection attorneys familiar with collection law can file for appropriate remedy for violations that result in prohibited conduct.
Collectors are required to provide certain information to debtors and perform certain actions under collection law. For example, collectors must: identify themselves and provide reason they are calling give the name of the creditor verify the debt exists and notify the consumer of their right to dispute a debt. If a debt collector does not follow these procedural steps when collecting a debt then they are in violation of collection law. If proper collection procedures are ignored the debtor should contact a collection attorneys to determine if he or she may collect damages from the collector.