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Pennsylvania Fair Debt Collection Practices Act

Pennsylvania Fair Debt Collection Statute

Pennsylvania Fair Debt Collection Practices Act 18 Pa. Cons. Stat. Ann. § 7311. Unlawful collection agency practices

(a) Assignments of claims.–It is lawful for a collection agency, for the purpose of collecting or enforcing the payment thereof, to take an assignment of any such claim from a creditor, if all of the following apply:

(1) The assignment between the creditors and collection agency is in writing.

(2) The original agreement between the creditor and debtor does not prohibit assignments.

(3) The collection agency complies with the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law, [FN1] and with the regulations promulgated under that act.

(b) Appearance for creditor.–It is unlawful for a collection agency to appear for or represent a creditor in any manner whatsoever, but a collection agency, pursuant to subsection (a), may bring legal action on claims assigned to it and not be in violation of subsection (c) if the agency appears by an attorney.

(b.1) Unfair or deceptive collection methods.–It is unlawful for a collector to collect any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is expressly provided in the agreement creating the debt or is permitted by law.

(c) Furnishing legal services.–It is unlawful for a collection agency to furnish, or offer to furnish legal services, directly or indirectly, or to offer to render or furnish such services within or without this Commonwealth. The forwarding of a claim by a collection agency to an attorney at law, for the purpose of collection, shall not constitute furnishing legal service for the purposes of this subsection.

(d) Services for debtor.–It is unlawful for a collection agency to act for, represent or undertake to render services for any debtor with regard to the proposed settlement or adjustment of the affairs of such debtor, whether such compromise, settlement, or adjustment be made through legal proceedings or otherwise, or to demand, ask for, or receive any compensation for services in connection with the settlement or collection of any claim except from the creditor for whom it has rendered lawful services.

(e) Running for attorneys.–It is unlawful for a collection agency to solicit employment for any attorney at law, whether practicing in this Commonwealth or elsewhere, or to receive from or divide with any such attorney at law any portion of any fee received by such attorney at law. This subsection does not prohibit the established custom of sharing commissions at a commonly accepted rate upon collection of claims between a collection agency and an attorney at law.

(f) Coercion or intimidation.–

(1) It is unlawful for a collection agency to coerce or intimidate any debtor by delivering or mailing any paper or document simulating, or intending to simulate, a summons, warrant, writ, or court process as a means for the collection of a claim, or to threaten legal proceedings against any debtor.

(2) Paragraph (1) of this subsection shall not prohibit:

(i) A collection agency from informing a debtor that if a claim is not paid, it will be referred to an attorney at law for such action as he may deem necessary, without naming a specific attorney.

(ii) A magisterial district judge from sending out notices to debtors before the institution of suit.

(g) Grading.–Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree.

(h) Definitions.–As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Claim.” Includes any claim, demand, account, note, or any other chose in action or liability of any kind whatsoever.

“Collection agency.” A person, other than an attorney at law duly admitted to practice in any court of record in this Commonwealth, who, as a business, enforces, collects, settles, adjusts, or compromises claims, or holds himself out, or offers, as a business, to enforce, collect, settle, adjust, or compromise claims.

“Creditor.” Includes a person having or asserting such a claim.

“Debtor.” Includes any person against whom a claim is asserted.

Pennsylvania Fair Debt Collection Practices Act 73 Pa. Cons. Stat. Ann. § 2270

Pennsylvania Fair Debt Collection Practices Act § 2270.1. Short title

This act shall be known and may be cited as the Fair Credit Extension Uniformity Act.

Pennsylvania Fair Debt Collection Practices Act § 2270.2. Scope of act

This act establishes what shall be considered unfair methods of competition and unfair or deceptive acts or practices with regard to the collection of debts.

Pennsylvania Fair Debt Collection Practices Act § 2270.3. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Communication.” The conveying of information regarding a debt directly or indirectly to any person through any medium.

“Consumer.” A natural person residing in this Commonwealth who owes or is alleged to owe a debt or one who has incurred or is alleged to have incurred liability for the debt within this Commonwealth, including, but not limited to, a comaker, guarantor, surety or parent if the consumer is under 18 years of age. The term includes the consumer’s guardian, executor or administrator.

“Creditor.” A person, including agents, servants or employees conducting business under the name of a creditor and within this Commonwealth, to whom a debt is owed or alleged to be owed.

“Debt.” An actual or alleged past due obligation, claim, demand, note or other similar liability of a consumer to pay money, arising out of a single account as a result of a purchase, lease or loan of goods, services or real or personal property for personal, family or household purposes or as a result of a loan of money or extension of credit which is obtained primarily for personal, family or household purposes, provided, however, that money which is owed or alleged to be owed as a result of a loan secured by a purchase money mortgage on real estate shall not be included within the definition of debt. The term also includes any amount owed as a tax to any political subdivision of this Commonwealth. Tax includes an assessment, any interest, penalty, fee or other amount permitted by law to be collected. Debt does not include any such amount owed to the United States or the Commonwealth.

“Debt collector.”

(1) A person not a creditor conducting business within this Commonwealth, acting on behalf of a creditor, engaging or aiding directly or indirectly in collecting a debt owed or alleged to be owed a creditor or assignee of a creditor.

(2) The term does not include:

(i) Any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor.

(ii) A person while attempting to collect a debt on behalf of a creditor, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for creditors to whom it is so related or affiliated and if the principal business of the person is not the collection of debts.

(iii) A person while collecting or attempting to collect any debt owed or due or asserted to be owed or due to another to the extent such activity:

(A) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;

(B) concerns a debt which was originated by such person;

(C) concerns a debt which was not in default at the time it was obtained by such person; or

(D) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. Persons included within this subparagraph shall be considered creditors and not debt collectors for purposes of this act.

(iv) A person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt.

(v) A person who is an elected or appointed official of any political subdivision of this Commonwealth, who collects or attempts to collect a tax or assessment owed to the political subdivision which employs the person, while that person is acting within the scope of his elected or appointed position or employment.

(3) The term does include:

(i) A creditor who, in the process of collecting his or her own debt, uses a name other than his or her own which would indicate that a third person is collecting or attempting to collect the debt.

(ii) An attorney, whenever such attorney attempts to collect a debt, as herein defined, except in connection with the filing or service of pleadings or discovery or the prosecution of a lawsuit to reduce a debt to judgment.

(iii) A person who sells or offers to sell forms represented to be a collection system, device or scheme which is intended or designed to collect debts.

(iv) A person, other than an elected or appointed official of any political subdivision of this Commonwealth, who collects or attempts to collect a tax or assessment owed to any political subdivision of this Commonwealth.

“Location information.” A consumer’s place of abode and his telephone number at such place or his place of employment.

“State.” Any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any political subdivision of any of the above.

Pennsylvania Fair Debt Collection Practices Act § 2270.4. Unfair or deceptive acts or practices

(a) By debt collectors.–It shall constitute an unfair or deceptive debt collection act or practice under this act if a debt collector violates any of the provisions of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. § 1692 et seq.).

(b) By creditors.–With respect to debt collection activities of creditors in this Commonwealth, it shall constitute an unfair or deceptive debt collection act or practice under this act if a creditor violates any of the following provisions:

(1) Any creditor communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:

(i) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(ii) not state that such consumer owes any debt;

(iii) not communicate with any such person more than once unless requested to do so by such person or unless the creditor reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(iv) not communicate by postcard;

(v) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the communication relates to the collection of a debt; and

(vi) after the creditor knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of or can readily ascertain such attorney’s name and address, not communicate with any person other than that attorney unless the attorney fails to respond within a reasonable period of time to communication from the creditor.

(2) Without the prior consent of the consumer given directly to the creditor or the express permission of a court of competent jurisdiction, a creditor may not communicate with a consumer in connection with the collection of any debt:

(i) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a creditor shall assume that the convenient time for communicating with a consumer is after 8 a.m. and before 9 p.m. local time at the consumer’s location;

(ii) if the creditor knows the consumer is represented by an attorney with respect to such debt and has knowledge of or can readily ascertain such attorney’s name and address unless the attorney fails to respond within a reasonable period of time to a communication from the creditor or unless the attorney consents to direct communication with the consumer; or

(iii) at the consumer’s place of employment if the creditor knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

(3) Except as provided in paragraph (1), without the prior consent of the consumer given directly to the creditor or the express permission of a court of competent jurisdiction or as reasonably necessary to effectuate a postjudgment judicial remedy, a creditor may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, a debt collector, the attorney of the debt collector or the attorney of the creditor.

(4) A creditor may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this paragraph:

(i) The use or threat of use of violence or other criminal means to harm the physical person, reputation or property of any person.

(ii) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(iii) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(a)(3) of the Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. § 1681 et seq.).

(iv) The advertisement for sale of any debt to coerce payment of the debt.

(v) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse or harass any person at the called number.

(vi) Except as provided in paragraph (1), the placement of telephone calls without meaningful disclosure of the caller’s identity.

(5) A creditor 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 paragraph:

(i) The false representation or implication that the creditor is vouched for, bonded by or affiliated with the United States or any state, including the use of any badge, uniform or facsimile thereof.

(ii) The false representation of the character, amount or legal status of any debt.

(iii) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(iv) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, attachment or sale of any property of any person unless such action is lawful and the creditor intends to take such action.

(v) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(vi) The false representation or implication that a sale, referral or other transfer of any interest in a debt shall cause the consumer to lose any claim or defense to payment of the debt or become subject to any practice prohibited by this act.

(vii) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(viii) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a debt is disputed.

(ix) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued or approved by any court, official or agency of the United States or any state or which creates a false impression as to its source, authorization or approval.

(x) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(xi) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(xii) The false representation or implication that documents are legal process.

(xiii) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(6) A creditor may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this paragraph:

(i) The collection of any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(ii) The acceptance by a creditor from any person of a check or other payment instrument postdated by more than five days unless such person will be notified in writing of the creditor’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(iii) The solicitation by a creditor of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(iv) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(v) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(vi) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if:

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement .

(vii) Communicating with a consumer regarding a debt by postcard.

(viii) Using any language or symbol, other than the creditor’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, provided that a creditor may use its business name.

(c) Definition.–For the purpose of subsection (b)(2) and (3), the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor or administrator.

Pennsylvania Fair Debt Collection Practices Act § 2270.5. Enforcement and penalties

(a) Unfair trade practices.–If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law. [FN1]

(b) Jurisdiction.–An action to enforce any liability created by this act may be brought in any court of competent jurisdiction in this Commonwealth within two years from the date on which the violation occurs.

(c) Remedies.–Remedies available for violation of this act and the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. § 1692 et seq.) shall not be cumulative, and debt collectors who violate this act and the Fair Debt Collection Practices Act shall not incur cumulative penalties.

(d) Defenses.–A debt collector or creditor may not be held liable in any action for a violation of this act if the debt collector or creditor shows by a preponderance of the evidence that the violation was both not intentional and:

(1) resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error; or

(2) resulted from good faith reliance upon incorrect information offered by any person other than an agent, servant or employee of the debt collector or creditor.

Pennsylvania Fair Debt Collection Practices Act § 2270.6. Repeal

The provisions of 37 Pa. Code Ch. 303 (relating to debt collection trade practices) are repealed.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

43 comments

  1. In the case of a judgment for debt collection, are social security income, pension income, disability income, or any other type of income exempt from debt collection?

    • Yes, the income described would be considered “exempt” funds meaning they cannot be garnished or seized as long as you do not commingle the exempt funds with non-exempt funds (for example, a spouse’s paycheck). You can read more about exempt funds here. It also sounds like you could benefit from the Law Cent program which can provide you consumer credit, debt and banking legal services for as little as $20/month, call 888-595-9111 and ask for a free brochure.

  2. Can a collection company collect on a late fee in PA when there are no open invoices I paid a final bill after moving a few weeks late. I paid the full amount of the bill but the co charged a late fee which they have turned over to a collection co

    • You may have experienced some sort of Fair Debt violation(s), and even if not, the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. Call us now at 888-595-9111 and we will get started figuring our how to help you!

  3. is it legal for a collection agency to call daily and not not converse with the answering party? Upon calling back the agency will not accept calls from a private number.

    • It could be an unfair practice under (F), or failure to make meaningful disclosure under (E), but its illogical as well as there is no point in calling of they don’t want a call back to collect. Save your call records and any voice mails you get, then call us and we’ll check it out.

  4. If a payment plan is agreed to, is the collector required to furnish a copy of the repayment agreed to in writing or some written acknowledgment of the repayment agreement?

  5. I get about 5 calls a day from 1 number. 5 additional calls from 2nd number. Each mussed call results in a 2 second voice mail. If this is the same creditor, could this be considered harassment?

  6. Is it legal for a student loan debt collector representing PHEAA to:

    1. Refuse to accept payment from unemployed debtor unless is it meets or exceedsa certain amount biweekly/monthly.
    2. Threaten tax refund garnishment then Verbally Set up payment arrangement (only valid if credit/debit card provided) for future date agreeing to allow payment using part of same tax refund.
    3. Garnishing entire refund check prior to date agreed upon amount was to be debited.
    4. Repeatedly calling after prepaid card declined on date arrangement made for due to fact that had no refund check to deposit onto card NO OTHER SOURCE OF MONEY ,living in fathers home with toddler and out of work b/c receiving cancer treatment.

  7. I have a strange question. To make a long story short, I’m the home owner’s daughter. I called our cable/phone/net utility from my cell to tell them all of our services were out. The prompts asked for the home phone number of the account and when entered in from my cell, I was immediately presented with all of my mothers billing information, minus her name. How much she owed, including a small past due amount, was given to me without any kind of verification over who I was.

    I got on the line with a CS rep who then demanded extensive personal identification information from me. I didn’t have to verify anything to know what my mother owed them, but I needed her social security number and billing number to tell them there was a service outage. Any stranger with our phone number can access how much we owe this company- presumably, this is true of any of their customers.

    Is this a violation of privacy and consumer protection laws? All con artists would need to bilk this company’s customers out of money is a caller ID spoofer and someone’s info from the phone book.

  8. A company called “NCS, LLC Offices” continues to call our house several times a week and up to two times a day for a debt that WE DO NOT OWE. I have told them on several occasions that the debt does not belong to me or my husband. I have requested several times that they DO NOT CALL our telephone number and to remove our number from their calling list. I have asked them what the name “NCS LLC Offices” stands for and was told “It doesn’t stand for anything.” They refuse to disclose what the debt is about or disclose anything about their business, but continue to call our home. When I persist to ask for information about their company they end up hanging up only to call again several days later. The one contact person at this business gave her name as Julie. They refuse to give us any answers on what the debt is about or where it originated but continue to call us. Just as an example, this company called us on June 26, 2015 at 2:29 pm, again on June 26, 2015 at 4:03 pm and June 29, 2015 at 11:01 am and again on June 29, 1:10 pm. Isn’t this type of collection harassment? I have filed a complaint against them with the cfpb, but without the company disclosing their address, I have no way to send a cease and desist letter. The only thing I have except for the name of this company is a telephone number. They also call my elderly 89 year old mother-in-law all the time which upsets her tremendously. Any other suggestions would may have would be appreciated.

  9. I have received up to 10 calls daily from same number and voice mail messages stating I have a claim in Bucks county court thats being filled against me and I have been officially served. for the past 4 days . When I called the number back it says message box full or keeps ringing the 1 time i got threw the woman i spoke to would not tell me who I owed I asked for it in writing she said they dont do that. This same # calls my 80+ year old parents saying Im going to be arrested if I dont pay. Is that legal ?

  10. Is it legal in Pennsylvania for an employee working for the creditor owed the debt to call the cell phone of the established customer (debtor) to try to collect a debt if the debtor has furnished their cell phone number given for general purposes, not specifically given permission in writing to collect any debts from the customer. I understand federal law does not permit a collection agency to call a cell phone. Does this same law apply to a creditor in Pennsylvania?

  11. I am receiving emails from a company telling me that I owe a debt that seems to keep changing account numbers and amounts. I have requested proof of the debt and they refuse, stating that the “represent over 350 agencies” and I, apparently, owe one of them. They refuse to give me any information, responding to all requests with threats to “download a claim against my social security number.” They are willing to accept nearly any amount of money, with no guarantee that this will pay my “debt” in full. If they sue me, what are my options since I’m not comfortable forking over hundreds of dollars to a company that won’t even tell me who I owe and just threatened to send two police officers to my door.

    • DO NOT PAY. Threats like that suggest this is an illegitimate company, and the law says you must be told the info you are requesting.

      • I am still receiving these emails. I continue to request proof of debt, and I am continuously threatened with arrest and incarceration. In addition, they have started to threaten that the “two police officers” will show up at my place of business. The “attorneys” that apparently work for them use the same language and catch phrases. What are my options here? Is it possible to report them somehow for illegal collection procedures and harassment?

  12. Hi can a lawyer representing a collection agencey levy your bank account from a court order which you never rceived any calls or letters or registered letters or served papers to appear in court on a 4 year old debt? the money that they put the levy on is the student loan money for school. I live in Pa.

  13. We are being sued by a credit union that stated our payment was thirty days late. At fifteen days late she notice with an incorrect due date but the fifteen days was correct. We made the payment and it was under thirty days. Three days after cashing our check she filed saying we were thirty days late even though the payment was made. We have been late under thirty days each month but pay the late fees. Can she obtain a judgement even though we were current at the time she filed. I have a copy of the check that cleared my bank three days prior to her suit. Payment is current and was not thirty days late.mi feel like they are harassing us at this point. A credit union is supposed to help as she staes but they are worse than a payday company if they are not paid by due date. We are struggling to make the payment but they do get their money each month. Any advise? And can they sue and win?

  14. I am dealing with 3 contracts financed with same creditor. We defaulted on these and voluntarily returned equipment. Please keep in mind we are not denying we owe the debt, we are questioning how much we owe. Since the beginning (2012) nothing seemed “together”. I have requested accounting of our account, the sale of the equipment, and disputed several times a portion of what they say we owe. After a year I finally recieved invoices on the sale of the equipment. I have been told 3 differnet sale dates. I have 3 invoices for these accounts. None of them match up. One says it was sold on this date to this company and another says it was sold on a different date to a different company. The equipment is listed on one invoice being sold together while on the other it was not sold together. The first invoices I recieved I have documentation from buyer that they did purchase one piece of equipment but the other two invoices were never executed by them. I am only asking for the truth at this point and im not sure where to get that or what to do at this point. I did start paying weekly payments in the amount of 200.00 because the collection agency would not allow me to set anything up with them. It wasnt enough. So today I recieve email stating we are not holding up our end to pay what we signed for. I have not missed a payment until now. Any advice on what I should do or who I should talk to?

  15. I received the phone call from a collection agency that my Capital One credit card is following a lawsuit against me. I live in Pennsylvania and after reading the information regarding PA fair consumer credit, I am under the impression that you cannot be sued for non payment on a credit card. I was out of work for 4 years and I only fell behind on my payments from March of 2015 to current a total of 9 months.

  16. Does a creditor have to send a bill to collections after a certain amount of time, or can they just keep adding on finance charges indefinitely?

  17. Is it a violation of PFCEU for a creditor to call multiple times a day (four on average) and not leave a voicemail indicating who the caller is and what the call pertains to? Most of the calls occur during my working hours while I cannot answer the phone. Also, does this apply to business/creditors/etc in Pennsylvania or does it also include out-of-state creditors when dealing with Pennsylvanian consumers?

  18. I STARTED SCHOOL BACK IN 2005 WITH LOW EDUCATION ON THE PRIVATE STUDENT LOAN SYSTEM NONE THE LESS I AM NOW STUCK WITH 90,000.00 IN UNPAID STUDENT LOANS ALL THOUGH I HAVE MADE PAYMENTS (WHAT IS AFFORDABLE TO ME) I WAS TOLD THEY MEAN NOTHING AND BECAUSE I WENT TO SCHOOL I SHOULD KNOW BETTER. I DO HAVE A CO-SIGNER WHO IS NOW 76 YEARS OLD AND ILL I HAVE ASKED THEM TO SOLEY CONTACT ME AND GAVE ALL CONTACT INFO POSSIBLE. NOT ONLY DO THEY CALL ME DAILY AT LEAST 4 TIMES, THEY CALL MY CO-SIGNER AND HIS SISTER IN LAW WHO IS 80YRS ALL THE WAY IN SOUT CAROLINA ( I AM IN PA). I HAVE GIVEN ALL THAT I CAN TO INSURE THEM THAT I AM DOING ALL I CAN BY SENDING BI-WEEKLY PAYMENTS. I AM CONSTENTLY BEING ASKED ABOUT MY PERSONAL LIFE AS WELL AS BEING TALKED OVER AND YELLED AT….. WHAT ARE MY OPTIONS?

  19. Can I PAY my debt with checks thru the mail?
    How will I now when its paid off so I cant tell my bank to re open my account?

  20. I attended penn Foster for my degree I found out that the school wasn’t accredited… I drop the classes..how ever I did not take out a loan from the school I was paying out of pocket after leaving the school they sent my account to debt collector who calls me at 5 times a day and says he will be taking my tax return if I dnt make payment with the school can this happen

  21. I was contacted by a law office to collect a debit for a previous landlord. I requested a debit validation which was the sign lease. They only send me the first 11 pages of the 23 page lease and only page 1,2 and 11 had my signature the other pages were not my initials. There was mold in the crawl space under my apartment and there was a mold addendum that was not included in my requested documents. Is this considered unethical behavior by the attorney?

  22. A medical bill that was accidentally sent over to collection agency by the hospital. The amount due over $4,000. Hospital aggreed to waive most except for 200$. I contacted collection agency regarding bill adn was told to wait for waived amount to be credited to my account and then new bill would be sent. New bill nwever arrived 2 weeks later i called and found they had already reported to me to credit bureau and then extorted me into paying a credit card convenience fee of 8 $ otherwise they would report me again to bureau. Are they allowed to extort and charge fees ??

  23. I have received numerous calls from a Mr. Rivera that he needs to know where I would like my papers served. He keeps call me at work and I ask him to not interrupt my work. His number is blocked and when I asked him for a number to call him back, he said for safety purposes, he can’t give that to me. States he is a server for the county that I live in. He gives me this number to call instead 844-846-8750 and to reference a case number. Today, a person by the name of Ed Hernandez called from a 830-374-0003 and the person that answered the phone stated to him that it was a bad connection and to call back. Immediately a blocked call came in and he said this was Mr. Rivera and needed to HR office at my work to find out the protocol of serving papers at work. This calls are very intimidating and I feel threaten and that I wil lose my job if they continue calling me at work. Is this legal to call at work when you ask them to stop. I do not have any information about this.

  24. Here is my story.. Went to a trade school 76-77.. Got a student loan from a small local bank.. while in school I did auto repair work for the bank owner.. Even took a few cars to the trade school for body work ( I detailed their autos since I was 13) The banker also owned a insurance company.. He would get checks from it for repairs but give me parts/ supply money.. So when school was done I met with him.. He told one of vp’s to go upstairs and “take care of my student loan”.. I thought he meant it was paid off… AZ couple of years later he was convicted of imbursement.. But nothing to do with loans like this (through the years I heard of this happening to a few others).. then 5-10 years later this loan shows up in my life… Being afraid of government and/or debt collectors I made payments off and on through 2009 but not enough because my balance is 6000 range… I have 3000 tucked away for a rainy day with a old loan low to near zero income (my wife works)… the original bank is gone and the crooked banker been passed away about the time the loan showed up… I would like to get this settles before I can start collecting Social Security.. Plus it just re appeared on my one credit report… Thanks…

  25. Here’s one for you. And I’m pretty competent with legal jargon and such. Can anyone county courts collections office for court costs turn your “debt” over to a collection agency and not only charge an intrest rate of $25 for every $100 owed but ALOT the original “court collection office” still threatens to incarcerate if not paid on time. State of Pennsylvania. I will pay just to have help to stand up for my rights and the violationshit of the Fair debt collection practices and other laws.. hope to hear from you soon.

  26. On Jan 16,2016 at 11:07 Am I receive a call from 201-204-0270. The man on the phone has an accent and says my name. I was concerned with overseas scam artists so i ask what it is for. He says I can confirm i am me or he can call the cops. I say i am him and what are you call for. He says “If you are not going to confirm who you are I will just get a detective” and hangs up. I immediately call the number back to see if it is a scam since I report all of the,. Turns out they are a “legitimate” collection agency. I tell the lady what happened an then get on with my day. 2 days later i file a complaint with Consumer Financial Protection Bureau. On Feb 3 Someone responds to my complaint. 1-with the wrong name. and 2. Claiming “The SWC agent did not threaten the consumer with police action. However, the agent did exhibit poor judgment and improper word choice that is against SWC’s standards and expectations.” 2 days ago I emailed them requesting a copy of the phone call since they are recorded and i wanted to hear my self lying. After getting no response I contacted the representative who responded today and she informs me that “my email went to her junk folder,she was going to respond today” I am also told it is “company policy to not give out those recordings I ask for her to play it over the phone. I am told no. She tried to blame me hearing the words detective and police on the callers accent. So i again asked to listen to the recording. An again i was told no. I was told ” She attempted to spoon feed me scripted answers an i did not accept them. At this point I have heard I can take legal action against them and i would like too.

  27. I went to the hospital and I received a bill for $100 and some dollars, don’t remember the exact, but I paid it… I have really good Credit… I got a call from my bank, someone in India tried to use my American Express card in India for 3k. I had that card canceled and ran my credit report. A collection agency put a charge on my credit for $29.00. I was never told of another bill and the collection agency never informed me of a bill. Can they put something on my credit report and Not tell me at all? I have very high Fica score ecept this one thing for $29 and it’s annoying me.

  28. My girlfriend received a call that i was going to be served and she was given a differnent number for me to call. When I called they told me that I will be served to go to court this debt is from sprint and is less than $400 dollars and was about 10 years ago I am currently on ssi disabled can I get sued?

    • depends on what state you are in..generally speaking, in PA the statute of limitations is four years after you last incurred a charge or made a payment (can’t sue after that…if they do, it can be dismissed) …most states are 4 or 5 years..

  29. If a debt collector sends invoices per a validation request, is this proper validation of a debt?

  30. Ritchie Rhinehardt

    Can a creditor speak with a personal reference or acquaintance of a debtor and give out specific or private information about an open invoice? I lost my job this year and it’s been challenging bouncing back. There’s one crsitor that harrasses my friends and tells them I’m a thief.
    It seems as though it’s harassment.

  31. Can a debt collect put medical bills on your report?

    I have paid my debt over a year ago, it shows up as being unpaid in Eqifax and Experience but shows its been paid on Trans Union. I have been trying to get it straighten out for 10 months.

    I even have the bill from the dr showing I owe nothing 0. And that was 4 months after I paid it.

    I have no bad credit (except that), but I have inquiries from places I didn’t approve.

    I am only trying to buy my firsr home and I can’t even get a secured credit card. No credit history.

    Please help!

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