A person who has a debt has many questions regarding the collection process, the collection agency in San Francisco and about the rules, and more. Most types of debts and all debtors are protected against fraud and harassment under the fair debt collection and protection act. No reputable debt collection agency disregards these laws because they want to protect the debtor as well as the reputation of the creditor.
Yet, there can be some scammers or a dirty debt collector ruining the name of the whole industry. Even if that is not the case, a debtor should know all about this industry and the collection process.
Let’s begin…
The FDCPA covers which types of debt?
The FDCPA covers debts like household, personal, and family debt. Also, this act safeguards debtors with a credit card debt, outstanding medical and auto loan bill, and mortgage.
It doesn’t cover debt taken to run a business. Other acts have rules regarding collection in this industry though.
What is the policy on a debt collector contacting a debtor?
A debt collection agency in San Francisco can contact you in an allotted period only. No collector has the right to contact you before 8 am or after 9 pm. A collector can call your phone or your landline or your office (as per the information you provided). It is legal for them to find alternative and office numbers to establish contact with you. Also, they can mail you or text you to communicate about the debt.
But if you prefer that they don’t call your office, you have to tell them so orally or in writing. They will stop calling at your workplace. Though, it doesn’t make the debt go away.
Can a collector lie about their identity?
No, it is legally punishable if a debt collector lies to you about their identity or intention. They have to introduce themselves, tell you the name of the agency, and the creditor on whose behalf you are collecting the debt.
How can a debtor stop a collector from contacting them again?
It is a bad idea because it doesn’t make the debt goes away. Neither does it solve your issues. If you think that the debt doesn’t belong to you, ask the collector to send you documents showing it belongs to you. That is a simple process as you have to send a written letter asking for validation of the debt.
If you still wish to cease any contact with the debtor, send a letter with a reputable post, and they will cease all communication, till a next collector takes over, or the creditor files a lawsuit.
What things classify as harassment?
If a debt collector undertakes any of these practices, it comes under harassment:
- Threats oral or physical
- Disclose about the debt to the general public
- Continuous calls even after the debtor have asked not to
- Lying about their identity
- Distorting the information about the amount that you owe
- Ask you to give details about your bank
- Coming with more than ten people to your house
- Threatening to file a lawsuit.
The above rules will protect a debtor and will help a collection agency be ethical. Knowledge is power, so know what you got yourself into if you have a collection on hands.
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