Even if the collector's methods of contact are legal, the substance of
the collector's contact may nonetheless violate collection law. For
example, debt collectors may not: use profanity or threaten violence
or arrest; repeatedly use the telephone to harass and annoy; threaten
to seize your property, garnish your wages or take legal action against
you unless it is legal to do so; deposit a post-dated check prematurely;
or, make any false or misleading statements.
After first contacting you, a debt collector must, within five days of
first contact, send you written notice of the amount you owe; the
name of the creditor to whom you owe the money; and what action
you can take to dispute the debt. If you in fact dispute the debt in
writing within thirty days, a collector cannot contact you again until he
sends proof of the debt, e.g., a copy of the alleged bill.
If it is ever alleged you have an outstanding debt, first and foremost
make the collector prove the debt. Remember, the collector cannot
contact you ever again once you dispute the debt in writing until he
has proof of the debt. Also, keep a log of all collection efforts, for
example, time and date of phone calls and in person contact. Similarly,
keep detailed notes of any collection interactions, including exactly
what the collector said or wrote. Finally, make sure to maintain all
written correspondence received from the collector.
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