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Your Rights When Dealing With Debt Collectors (Part 1)
Page 2

1. Can't communicate with you before 8 a.m. or after 9 p.m. (your local time) unless you give them permission or they have a court order to do so.

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2. Can't contact you if you've notified them that a lawyer is representing you.

3. Can't call you on the job if you tell them that your employer prohibits you from receiving such calls.

4. Can't talk about your situation with anyone; not your friends, relatives, neighbors or coworkers. The only ones they can discuss your debts with are your attorney, the original creditor and credit-reporting agencies.

Legal Action By Debt Collectors: Federal law limits where debt collectors can bring legal proceedings against consumers that owe money. In general, any debt collector initiating legal action shall:

1. Bring legal action against real property only in a judicial district or similar legal entity where the property is located.

2. Barring the above provision, debt collectors can bring action in judicial district where the consumer signed the contract or where he/she currently lives.

Civil Liability: When debt collectors break the law, they can be sued for failing to abide by federal rules and forced to pay:

1. The actual damages sustained.

2. Additional damages up to $1,000 (for an individual).

3. The lesser of $500,000 or 1% of the debt collector's net worth (in the case of a class action lawsuit).

About The Author

Michael Saunders has an MBA from the Stanford Graduate School of Business. He edits a site on Credit Repair and Debt Consolidation and is president of Information Organizers, LLC.


Your Rights When Dealing With Debt Collectors (Part 1)
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