If you are in the midst of dealing with aggressive creditors attempting to collect their debts, then you are most likely incredibly stressed and overwhelmed by the tactics they are using when speaking with you. However the Fair Debt Collection Practices Act was designed to protect you from overly aggressive collection practices.
In the course of attempting to collect on a debt, creditors may not:
- Falsely imply that they are attorneys or government representatives.
- Falsely imply that you (the debtor) have committed a crime;
- Falsely represent that they operate or work for a credit bureau;
- Misrepresent the amount of your debt;
- Misrepresent the involvement of an attorney in collecting a debt;
- Indicate that papers being sent to you are legal forms when they are not;
- Indicate that papers being sent to you are not legal forms when they are.
- State you will be arrested if you do not pay your debt;
- State that they will seize, garnish, attach, or sell your property or wages, unless the collection agency or credit actually intends to do so, and it is actually legal to do so (for example, garnishment is currently prohibited in South Carolina for the collection of most debts);
- Claim that actions, such as filing a lawsuit, will be taken against you, which may not legally be taken, or which they do not intend to take.
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