Business ProfileforE A Uffman & Associates, Inc.

Debt Collection

The following is more detailed information about the Fair Debt Collection Practices Act:

HOW MAY A DEBT COLLECTOR CONTACT YOU?

A collector may contact you in person, by mail, telephone, telegram, or FAX. However, a debt collector may not contact you before 8:00 a.m. and after 9:00 p.m. unless you agree. A debt collector may not contact you at work if the collector knows your employer disapproves.

CAN YOU STOP A DEBT COLLECTOR FROM CONTACTING YOU?

You may stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, it may not contact you again except to say there will be no further contact. Another exception is that the agency may notify you if the debt collector or creditor intends to take a specific action.

MAY A DEBT COLLECTOR CONTACT A THIRD PARTY ABOUT YOUR DEBT?

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, but only to find out where you live and work. Collectors are usually prohibited from contacting such permissible parties more than once. In most cases, the collector cannot tell anyone other that you or your attorney that you owe money.

WHAT IS THE COLLECTOR REQUIRED TO TELL YOU ABOUT THE DEBT?

Within five days after you are first contacted, the 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 action to take if you believe you do not owe the money.

MAY A DEBT COLLECTOR CONTINUE TO CONTACT YOU IF YOU BELIEVE YOU DO NOT OWE MONEY?

A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

WHAT TYPES OF DEBT COLLECTION PRACTICES ARE PROHIBITED?

* Use of threats of violence or harm against the person, property, or reputation;

* Publishing of a list of consumers who refuse to pay their debts (except to a credit bureau);

* Use of obscene or profane language;

* Repeated use of the telephone to annoy someone;

* Telephoning of people without identifying themselves;

* Advertising your debt.

Debt collectors may not use false statements when collecting a debt. For example, they cannot:

* Falsely imply that they are attorneys or government representatives;

* Falsely imply that you 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 not legal forms when they are.

Debt collectors may also not state that:

* You will be arrested if you do not pay your debt;

* They will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so;

* Actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors may not:

* Give false credit information about you to anyone;

* Send you anything that looks like an official document from a court or government agency when it is not;

* Use a false name.

Debt collectors may not engage in unfair practices in attempting to collect a debt. For example, they may not:

* Collect any amount greater than your debt, unless allowed by law;

* Deposit a post-dated check prematurely;

* Take or threaten to take your property unless this can be done legally;

* Contact you by postcard.

WHAT CAN YOU DO IF YOU BELIEVE A DEBT COLLECTOR VIOLATED A LAW?

You have the right to sue a collector in state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for damages you suffered. Court costs and attorney's fees also can be recovered. A group of people may also sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.

This information is general in nature and is not to be interpreted as a reliability report on any particular product, service or company.

This information was developed by the United States Federal Trade Commission, Bureau of Consumer Protection (202) 326-3650.

The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources.