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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 have a reputationin some cases a well-deserved onefor being obnoxious, rude, and even scary while trying to get borrowers to pay up. The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law.
In California, the statute of limitations for consumer debt is four years. This means a creditor can't prevail in court after four years have passed, making the debt essentially uncollectable. But there are tricks that can restart the debt clock.
Highlights: Most negative information generally stays on credit reports for 7 years. Bankruptcy stays on your Equifax credit report for 7 to 10 years, depending on the bankruptcy type. Closed accounts paid as agreed stay on your Equifax credit report for up to 10 years.
3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex.Bank Account Information.Credit Card Number.Social Security Number.
If you believe a debt collector is harassing you, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also contact your state's attorney general .
You only need to say a few things:This is not a good time. Please call back at 6.I don't believe I owe this debt. Can you send information on it?I prefer to pay the original creditor. Give me your address so I can send you a cease and desist letter.My employer does not allow me to take these calls at work.
Top 7 Debt Collector Scare TacticsExcessive Amount of Calls.Threatening Wage Garnishment.Stating You Have a Deadline.Collecting Old Debts.Pushing You to Pay Your Debt to Improve Your Credit ScoreStating They Do Not Need to Prove Your Debt ExistsSharing Your Debt With Family and Friends.
Deceptive And Unfair Practices Calling you collect so that you have to pay to accept the call is an example of an unfair practice. Engaging in any practice that forces you to pay additional money other than the debt you owe is considered an FDCPA violation.
Does debt go away after 7 years? In the UK, for most people, unsecured debts go away after a period of 6 years from the point when they started or 6 years from the point when they last made a payment to, or had contact with, their creditor. This period can be 12 years for some mortgage debts.