The White Falcon - 05.12.1986, Side 7

Debtors have rights too
American Forces Press Service
If you use credit cards, owe money on a loan or
are paying off a home mortgage, you are a
"debtor." Many service men and women are.
But debts can sometimes lead to problems. You
may have gotten too far in debt and be unable to
meet your obligations; someone may try to collect
money that you don't owe; or debt collection action
you're not aware of may have been taken at a
previous duty station.
You may never come in contact with a debt
collector, but if you do, the law makes sure you
are treated fairly. The Fair Debt Collection
Practices Act, passed by Congress in 1977,
prohibits certain methods of debt collection.
Of course, the law doesn't get you out of paying
an legitimate debt.
Covered under the act are personal, family and
household debts. This includes money owed for the
purchase of a car, medical care or charge
accounts.
A debt collector is any person who regularly
collects debts owed to others. Under a 1986
amendment to the Fair Debt Collection Practices
Act, this includes attorneys who collect debts on a
regular basis. Creditors collecting debts in their
own names and attorneys who handle only debt
collection matters a few times a year do not come
under the provisions of the act.
A debt collector may contact you in person, by
mail, telephone or telegram. However, you may
stop him from contacting you by writing a letter to
the collection agency telling him to stop. Once the
agency receives this letter, a collector may not
contact you again except to say there will be no
further contact.
However, the debt collector is allowed to notify
you that some specific action will be taken, but o/ily
if it's actually being done.
The collector may not contact anyone but your
attorney. If you do not have one, the collector may
contact other people only to find out where you live
or work.
Within five days after you are first contacted,
the debt collector must send you a written notice
telling you: the amount of money you owe; the name
of the creditor to whom you owe the money; and
what to do if you feel you do not owe the money.
If you send a letter within 30 days after you are
first contacted saying you do not owe money, the
debt collector may not contact you again unless you
are sent proof of the debt, such as a copy of the
bill.
Following are some other debt collection
practices prohibited by law.
Harassment. Debt collectors may not:
□ Use threats of violence;
□ Use obscene or profane language;
□ Repeatedly use the telephone to annoy you;
□ Telephone you without identifying themselves;
or
□ Advertise your debt. False Statements. Debt
collectors may not say that:
□ You will be arrested if you do not pay up; or
□ They will garnish or attach your wages or
seize and sell your property, unless the collection
agency or the creditor actually intends to do so
(and it is legal).
Also, they may not:
□ Falsely imply that they are attorney or
government representative;
□ Falsely imply that you have committed a crime;
□ Misrepresent the amount of the debt; or
□ Give false credit information about you to
anyone.
If you believe a debt collector is breaking the
law, you may contact the legal assistance officer at
your installation for advice or write to: Federal
Trade Commission Office, Division of Credit
Practices, Pennsylvania Ave. at 6th St. NW,
Washington, DC Z0580.
You have the right to sue a debt collector in a
state or federal court within one year from the date
the law was violated. If you win, you may recover
money for the damage you suffer, including court
costs and attorney's fees.
December 5, 1906
7