A recent article in the Longmont Times-Call provided great information related to the Federal Fair Debt Collection Practices Act, which might interest those in situations in which a debt collector has been in contact ... in general, "Debt collectors cannot use abusive, unfair or deceptive practices".
First, the Act covers personal, family and household debts (including credit card debt, auto loans, medical bills, or mortgages), but not business related debts:
1. A debt collector may contact you between the hours of 8 am and 9 pm only, unless you agree otherwise. They cannot contact you at work if you tell them you are not allowed to take calls there (this can be done orally or in writing).
2. Talk to the debt collector at least once to see if you can resolve the matter first. If you do not want them to contact you any further, send a letter in writing by certified mail, stating as such. Please note that this does NOT get rid of the debt, and the company can still sue you to collect.
3. If you are represented by an attorney, the debt collector must contact the attorney only.
4. The debt collector is not allowed to discuss your debt with anyone other than you, your spouse or your attorney, but can contact others to find your phone number, address, and place of employment.
5. Within five days of first contacting you, the collector must send a written "validation notice" with all related debt information (amount owed, creditors name, and how to proceed).
6. Debt collectors are not allowed to use threats, obscene language, or false claims.
7. If the debt collector is trying to collect on more than one debt, you can dictate which debts your payments should be applied to.
8. Debt collectors can garnish a bank account or wages only by court order, if the collector has sued you and won a judgment in court. If you receive a lawsuit summons, do NOT ignore it!
If you believe that a debt collector has violated the law, you have the right to sue within one year of the violation. You might be able to recover lost wages, medical bills, attorney's fees, court costs, and up to $1,000. But please note again, that even if the debt collector violates the law, your debt does not go away!
The Act, in Full:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
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