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You may have questions relating to debt collections
if you are contacted by a "debt collector," someone who regularly
tries to collect debts owed to others. A debt collector may contact you
if you are behind in your payments to a creditor on a personal, family
or household debt, or if an error has been made in your account.
TIPS FOR CONSUMERS
- A debt collector may contact you in person, by mail,
telephone, telegram, or fax. However, a collector may not communicate with
you or your family with such frequency as can reasonably be expected to
be harassing. A debt collector may not contact you at work if the collector
knows your employer disapproves. A collector may not contact you at unreasonable
times or places, such as before 8 a.m. or after 9 p.m., unless you agree.
- A debt collector is required to send you a written notice
within five days after you are first contacted, telling you the amount
of money you owe. The notice must also specify the name of the creditor
to whom you owe the money, and what action to take if you believe you do
not owe the money.
- You may stop a collector from contacting you by writing
a letter to the agency telling them to stop. Once the agency receives your
letter, they may not contact you again except to say there will be no further
contact, or to notify you if the debt collector or the creditor intends
to take some specific action.
- If you do not believe you owe the debt, you may write
to the collection agency within 30 days after you are first contacted saying
you don't owe the money. The agency may not contact you after that unless
you are sent proof of the debt, such as a copy of the bill.
- A debt collector may not harass or abuse any person.
For instance, a collector may not use threats of violence against the person,
property or reputation, use obscene or profane language, advertise the
debt, or telephone people without identifying themselves.
- A debt collector may not use false statements, such as
falsely implying that they are attorneys, falsely implying that you have
committed a crime, falsely representing that they operate or work for a
credit bureau, misrepresenting the amount of your debt, misrepresenting
the involvement of an attorney in collecting a debt, or indicating that
papers sent to you are legal forms when they are not.
- Debt collectors may not tell you that you will be arrested
if you do not pay, that they will seize, garnish, attach, or sell your
property or wages, unless the collection agency or creditor intends to
do so and has a legal right to do so, or that a lawsuit will be filed against
you, when they have no legal right to file or do not intend to file such
a suit.
- As of January 1, 1994, most consumer collection agencies
operating in Florida must be registered with the Florida Department of
Banking and Finance. If you have a question about whether the collection
agency which has contacted you is properly registered, or if you wish to
file a complaint against a collection agency, you may contact the Division
of Consumer Services at (904) 488-2221 or (800) 435-7352. You may
also file complaints with the Federal Trade Commission, Correspondence
Branch, Washington, D.C. 20580. You may file suit against the collection
agency for violating state and/or federal law. If you prevail, you may
be awarded your actual damages, attorneys fees and costs.
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Home Page
Source: Originally developed by the Florida Attorney
General's Office
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