Homes for Sale in Clifton Park NY. Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY. Things you should know about Debt Collectors CONTINUED...3 of 5

Homes for Sale in Clifton Park NY 12065

Homes for Sale in Clifton Park NY.  Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY.  Things you should know about Debt Collectors CONTINUED... 3 of 5

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9. I have bad credit and am considering paying a company to fix my credit. Will this work?

No. Companies or individuals promising quick fixes are almost always fraudulent. The important thing to remember is that no one can have accurate information removed from the credit file. The law offers some small protection to consumers who deal with so-called "credit doctors" or "credit repair clinics." Such companies are prohibited from charging a fee before

A better alternative for help with re-establishing good credit is to contact a member agency of the National Foundation for Consumer Credit, such as the Consumer Credit Counseling Service. These nonprofit groups have offices in most cities. To find the office nearest you, call or write:

National Foundation for Consumer Credit, Inc.
8611 Second Avenue, Suite 100
Silver Spring, MD 20910
(800) 388-2227
www.nfcc.org

Beware of other credit repair services. Generally they promise a lot, charge a lot and, deliver little. For more information about credit repair services see www.ftc.gov/bcp/edu/pubs/consumer/credit/cre13.shtm. completing a promised service.

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0. I owe a debt and I am trying to come up with a way to pay. But in calls to me, the debt collector is threatening and rude. How can I stop this harassment?

This is a very unpleasant situation. Certainly, abusive, threatening, and obscene language is more likely to be part of a telephone call than a written communication. Collectors know the rules of the game about such conduct. When this happens, ask for the caller's name and the name of his or her employer. Make notes recording the content of the call as best as you can.Then send a written letter requesting that the debt collector only contact you in writing. In your letter explain the abusive behavior. Send this request certified with return receipt requested.

We have sample letters available at www.privacyrights.org/Letters/letters.htm#Debt. You should also request in writing that the debt collector not contact you at work.

The following practices by a debt collector are in violation of the Fair Debt Collection Practices Act:

• claiming to be an attorney or government employee when it is not
• sending you documents that look like legal papers when they are not
• stating that forms sent to you are not legal documents when they are
• saying that you committed a crime
• saying it will garnish your wages or sell your property if it is not legal to do that
• saying it will sue you, if the collector doesn't intend to sue
• not being truthful about the amount of money you owe
• saying you will be arrested if you don't pay the debt
• threatening you with violence

You may file a complaint with the Federal Trade Commission (FTC), sue or both. For more information see section 7 of our Fact Sheet 27, available at www.privacyrights.org/fs/fs27-debtcoll.htm#7.

Even if you decide to sue, it is still a good idea to complain to the FTC about abusive practices. The FDCPA requires the FTC to report to Congress every year about complaints the agency has received about abusive and deceptive collection practices and the actions the FTC has taken against violators of the law. Although the FTC will not assist you in your personal claim against a collector, consumer complaints are the primary source of information the agency needs to bring an enforcement action.

To read the FTC's most recent report to Congress on FDCPA complaints and enforcement actions, visit the agency's Web site at www.ftc.gov/os/2006/04/P0648042006FDCPAReport.pdf.
Abusive debt collection practices should also be reported to your state Attorney General. The FDCPA allows state authorities to file an action against a debt collector. Abusive collection practices may also be a violation of state laws. To find the contact information for the Attorney General's office in your state, visit www.naag.org.

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11. I was contacted about a 10-year-old debt. Isn't there a limit on the time for collections?

There may be a limit on the time a collector has to sue you to collect the debt. The statute of limitations may vary from state to state. However, there is generally no limit on how long a company can attempt to collect on a debt.

Homes for Sale in Clifton Park NY.  Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY.  Things you should know about Debt Collectors CONTINUED... 3 of 5

12. Can government agencies use private debt collectors?

Yes. One example is the Internal Revenue Service (IRS). In 2006 the IRS made a rather controversial announcement when the agency said it would contract with private collectors to recover some delinquent tax accounts.  However, it terminated this practice in 2009.

Another example is the U.S. Department of Education. If you are in arrears on a student loan guaranteed by the federal government, you may hear from a private collection agency. More on the Department's use of private debt collectors can be found at www.ed.gov/offices/OSFAP/DCS/faqs.html#CAs.

The Department of Education states that collections by private firms are subject to the FDCPA as well as the Privacy Act. Debt collections by private debt agencies are not limited to the federal government. For example, a city may contract with a private debt collector to recover overdue parking fines. If you are contacted by a debt collector that claims to be under contract with any government agency, it is a good idea to verify the collector's authority by contacting the agency directly.

Courtesy of Josh Gonzalez Clifton Park NY Real Estate Agent with Coldwell Banker Prime Properties, and Todd Stewart of Stewart Construction, Custom Home Builder in Burnt Hills NY.