Business & Finance Bankruptcy

What Collection Companies Can Do to Collect Credit Card Debt

    Letters

    • Collection agencies can send an unlimited number of credit card debt notification letters to individuals by mail. These letters state the name of the collection agency, the amount of the debt, the credit card company that hired the agency, the person to which the debt applies and a payment deadline. Additionally, the first credit card debt collection letter must contain a notice stating the person has a right to dispute the debt in writing within 30 days.

    Phone Calls

    • A credit card debt collector can make calls to a person's home or cellular telephone between the hours of 8 a.m. and 9 p.m. Additionally, a debt collector can contact an indebted person's place of employment unless someone at the person's workplace tells the collector (verbally or in writing) to stop calling the individual at work. Credit card collection companies cannot legally discuss the debt with anyone other than the individual who owes the money, her spouse or her attorney.

    Lawsuit and Judgment

    • Credit card debt collection agencies also have the right to sue individuals to collect unpaid debts. Due to attorney and court costs, a debt collector will typically choose this option only when the amount a person owes is large, usually thousands of dollars. If the debt collector wins a lawsuit the court will issue a judgment against the individual owing the money. A judgment allows a company to take more extensive actions to collect a debt, including garnishing an individual's wages and attaching liens to a person's property.

    What Collection Agencies Can't Do

    • Federal laws prohibit credit card debt collectors from taking certain actions, including falsely accusing individuals of crimes, verbally harassing people, threatening individuals with violence or using obscene or profane language, depositing post-dated checks early and mailing postcards, according to the Federal Trade Commission. Additionally, a collection company cannot publish a list of individuals who do not pay, falsely represent its identity, send fake legal documents, state it is an attorney or government agency or call someone to annoy him. Also, a credit card debt collection company cannot threaten to file a lawsuit against someone if it has no intent to do so or misrepresent legal documents in any way. A collector also may not tack on extra interest or fees (unless a person's credit card contract allows for this).

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