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Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor

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Multi-State
Control #:
US-01455BG
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Word; 
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Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.


The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.

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FAQ

Generally, debt collectors cannot call you at an unusual time or place, or at a time or place they know is inconvenient to you and they are prohibited from contacting you before 8 a.m. or after 9 p.m.

Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.

The amount the debtor owes you. The initial due date of the payment. A new due date for the payment, whether ASAP or longer. Instructions on how to pay the debt.

Know What to Include A demand letter should include the name of the creditor, the amount owed, action required, debt reference, deadline, and the consequences. Ensure you include all these details so your letter is not only compliant with the FDCPA, but also practical.

The letter should be sent certified mail (so you can have proof of receipt) and include your account number, the date they contacted you, the method they used to contact you, and a statement requesting that they provide validation of the debt. It doesn't have to be long, as you can see from this sample letter.

Here's some basic information you should write down anytime you speak with a debt collector: date and time of the phone call, the name of the collector you spoke to, name and address of collection agency, the amount you allegedly owe, the name of the original creditor, and everything discussed in the phone call.

For the name and contact information of the original creditor. why the collector believes you own the debt in the first place. for a record of all owners of the debt. the amount and age of the debt (including an account number if you're able). under what authority the collector has to collect.

Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.

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Letter Informing Debt Collector as to Days and Time Collector May Contact Debtor