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You may have
questions relating to debt collections if you
are contacted by a "debt collector," someone who
regularly tries to collect debts owed to others.
A debt collector may contact you if you are
behind in your payments to a creditor on a
personal, family or household debt, or if an
error has been made in your account.
TIPS FOR
CONSUMERS
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A debt collector may contact
you in person, by mail, telephone, telegram,
or fax. However, a collector may not
communicate with you or your family with
such frequency as can reasonably be expected
to be harassing. A debt collector may not
contact you at work if the collector knows
your employer disapproves. A collector may
not contact you at unreasonable times or
places, such as before 8 a.m. or after 9
p.m., unless you agree. |
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A debt collector is required
to send you a written notice within five
days after you are first contacted, telling
you the amount of money you owe. The notice
must also specify the name of the creditor
to whom you owe the money, and what action
to take if you believe you do not owe the
money. |
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You may stop a collector
from contacting you by writing a letter to
the agency telling them to stop. Once the
agency receives your letter, they may not
contact you again except to say there will
be no further contact, or to notify you if
the debt collector or the creditor intends
to take some specific action. |
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If you do not believe you
owe the debt, you may write to the
collection agency within 30 days after you
are first contacted saying you don't owe the
money. The agency may not contact you after
that unless you are sent proof of the debt,
such as a copy of the bill. |
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A debt collector may not
harass or abuse any person. For instance, a
collector may not use threats of violence
against the person, property or reputation,
use obscene or profane language, advertise
the debt, or telephone people without
identifying themselves. |
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A debt collector may not use
false statements, such as falsely implying
that they are attorneys, falsely implying
that you have committed a crime, falsely
representing that they operate or work for a
credit bureau, misrepresenting the amount of
your debt, misrepresenting the involvement
of an attorney in collecting a debt, or
indicating that papers sent to you are legal
forms when they are not. |
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Debt collectors may not tell
you that you will be arrested if you do not
pay, that they will seize, garnish, attach,
or sell your property or wages, unless the
collection agency or creditor intends to do
so and has a legal right to do so, or that a
lawsuit will be filed against you, when they
have no legal right to file or do not intend
to file such a suit. |
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As of January 1, 1994, most
consumer collection agencies operating in
Florida must be registered with the Florida
Department of Banking and Finance. If you
have a question about whether the collection
agency which has contacted you is properly
registered, or if you wish to file a
complaint against a collection agency, you
may contact the Division of Consumer
Services at (904) 488-2221 or (800)
435-7352. You may also file complaints
with the Federal Trade Commission,
Correspondence Branch, Washington, D.C.
20580. You may file suit against the
collection agency for violating state and/or
federal law. If you prevail, you may be
awarded your actual damages, attorneys fees
and costs. |
Source: Originally developed by
the Florida Attorney General's Office |
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