Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."
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Yes, a debt collector can take money that you owe them directly from your bank account, but they have to win a lawsuit first. This is known as garnishing.
Although you can ask for many details, debt collectors are only required to provide information on the original creditor, the balance owed and the name of the person who owes the debt before resuming collection efforts.
Can a debt collector take money from my paycheck or bank account? 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 get a court order to take money from your bank account.
A debt validation letter is a letter that debt collectors must provide that includes information about the size of your debt, when to pay it, and how to dispute it. A debt collection letter essentially proves you owe the debt collector money.
There are many different ways you can pay, which we go into more detail about below, but there are a few general recommendations to keep in mind. When you make your payment, avoid giving your bank account or debit card information to the collection agency. Instead, pay with a money order or certified check if possible.
