A Few Things You Should Know About When Dealing With Debt Collectors

by Scott F. Bocchio on Aug. 26, 2020

Bankruptcy & Debt 

Summary: A great deal of problems can arise, including collectors depositing the checks prior to the date specified on the checks. They may keep the checks on file and then they try and push you for verbal permission to go into your checking account.

Did you know that consumer advocates recommend that you should avoid paying debt collectors with post-dated checks, even though collectors may pressure you into doing so? A great deal of problems can arise, including collectors depositing the checks prior to the date specified on the checks. They may keep the checks on file and then they try and push you for verbal permission to go into your checking account. In fact, consumers should avoid sending debt collectors personal checks because it gives them the bank routing number and account number.

 

In the event of a judgment, they now have your routing number and account number to take the funds. The fair debt collections law prohibits soliciting post-dated checks if they will be used to threaten consumers with criminal prosecution for bouncing checks. The law allows debt collectors to accept post-dated checks or other payment methods such as an electronic payment. However, if the date on the check is more than five (5) days away, debt collectors who intend to cash checks prematurely must notify consumers in writing at least three (3) business days before they deposit the checks.

 

Other unfair practices cited by the law include adding interest, fees, charges or expenses on to the principal debt owed by the consumer. These extra fees are not permitted unless the original credit agreement allows these additions, or it is permitted by state law. Collect telephone calls and fees for telegrams to consumers are also banned if they conceal the fact that the communication is for debt collection purposes. The fact that you owe money to a creditor or multiple creditors is your business. In essence, it is private and personal information.

 

The law protects that privacy by making it illegal for debt collectors to disclose the existence of debts to anyone other than authorized individuals. Example of authorized individuals is an attorney representing the debtor, spouses, parents or guardians of minors who may have accounts, executors and administrators. Any letters or telegrams sent to you must not identify senders as debt collectors, or as being in the debt collection business. That means envelopes cannot contain the name of the collection agency if the words collection or debt is part of the name. In addition, logos or symbols on the envelopes may also not involve debt collection. Last but certainly not least, postcards, which can be read by others, may not be used in any correspondence with you.

 

If you feel that you are being treated unfairly by a creditor or collection agency, please contact us immediately. Legal Rights Advocates, PLLC is a consumer advocate law firm that focuses on consumer rights protection services across the Unites States. We have well over twenty-five (25) years of combined experience helping consumers that are experiencing Debt Collector Harassment, Social Security Disability issues, and a whole lot more. LRA is truly your consumer rights advocate. We take great pride in the fact that our job is to protect you from deceptive and or abusive debt collection practices.

 

Our goal is to assist you each and every step of the way regarding your rights for consumer protection. Please call us today for more information at 855-254-7841 or click here to visit our website. We look forward to working with you.

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