A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:
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If the debtor still refuses to pay the unsecured debt, the creditor can file a lawsuit against the debtor. Once a court grants judgment in favor of the creditor, it can usually take money from the debtor's bank account or garnish the debtor's wages.
Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance or is greater than seven years old, you can file a dispute.
Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.
In Delaware, the statute of limitations on debt collection is four years for open credit card accounts, three years for written contracts and six years for promissory notes. For any time period, the clock begins ticking from the date of default, which is typically thirty days after the last payment was actually made.
Debt collection agencies are not bailiffs; They have no extra-legal authority. Debt collectors are either acting on behalf of your creditor or working for a company that has taken on the debt. They don't have any special legal powers and can't do anything different than the original creditor.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.
You have three choices dispute the account (if it's inaccurate), contact the collection agency for a goodwill adjustment (if you've paid the account in full), or simply wait for the account to be removed from your reports in due time.
Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).
Can You Sue a Company for Sending You to Collections? Yes, the FDCPA allows for legal action against certain collectors that don't comply with the rules in the law. If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector.
