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Credit cards are unsecured debts; your creditor can't take away any of your property if you fail to pay the debt back in accordance with your card agreement. Your creditor can sell the debt to a collections agency or sue you to recover the debt. Creditors and debt collectors can't engage in underhanded or violent tactics to get you to pay your debts. If you owe money to credit card companies, you should become familiar with your rights.

The Fair Debt Collection Practices Act limits the power of debt collectors. Collectors must not harass or intimidate debtors into paying debts, and must inform debtors of their rights upon first contact. Debt collectors must announce themselves; they must begin the call by telling the debtor what company they are from and that they are attempting to collect a debt. The debtor can then tell the debt collector not to call them anymore and the collector must oblige; however, the collector may still contact the debtor to inform him of upcoming litigation surrounding the debt. Debtors may also ask the debt collector not to call them at work.

Debt collectors are also limited as to how often, and when, they may call debtors. Debt collection calls may only take place between 9 a.m. and 9 p.m; calls are not allowed at times when it's reasonable to assume a debtor may be in bed. There's no firm rule on frequency of calls, but debt collectors may not call so frequently that it becomes harassment. Debt collectors also may not discuss the debt with anyone other than the debtor. If a debt collector speaks to friends or family of the debtor, he is limited only to asking for a contact number or address for the debtor.

Debt collectors may not use intimidation techniques to coerce debtors into paying debts. They may not threaten violence against the debtor and may not verbally abuse the debtor; cursing at the debtor, yelling at her or calling her names are forbidden. Debt collectors also may not make threats that they don't have the power to carry out. For example, a collector may state that his office is going to sue to recover the debt if the office plans to carry out such a threat. However, the collector may not state that the debtor will lose his home due to credit card debt.

If a debt collector violates any of the provisions of the Fair Debt Collection Act, the debtor has a right to file a complaint against him with the Federal Trade Commission. In some cases, debtors may sue debt collectors for damages related to violations of this act. Debtors should also contact an attorney if they have any questions about their rights regarding credit card debt, if they are considering filing bankruptcy or if they receive a notice of a lawsuit against them by a creditor or collections agency.

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13y ago

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Related Questions

Credit card laws in Pennsylvania?

Credit Card debt is considered an Open Line of Credit. The Statute of Limitations for collection in Pennsylvania is 4 years. That is usually from the last use or payment.


What is the law for credit card debt?

In the US there are several laws governing credit card debt. Some of the more interesting include that it is unsecured debt so that it may be discharged in bankruptcy, that you must be given an interest free payment window for purchases, and that a card holder's liability is capped at $50 USD for a lost card.


Can a collection agent advise you to pay off the debt you owe him from another credit card he reads on your credit report?

i think ist against the fdcpa laws.


What are the Arkansas laws on collecting credit card debt?

In Arkansas, collection of credit card debt is governed by both state and federal laws. Collectors must adhere to the Fair Debt Collection Practices Act (FDCPA), which prohibits abusive practices and requires them to provide validation of the debt. Additionally, Arkansas law allows creditors to file lawsuits to recover outstanding debts within a three-year statute of limitations. It's important for consumers to be aware of their rights and to seek legal counsel if they face aggressive collection practices.


When a credit card account has been charged off can the collection agency charge you additional fees and interest?

It would depend on the state laws that are apply to collection agencies and collection procedures. In many states they can add fees incurred for the collection of a debt and interest on the amount of the debt itself.


Can a credit card company collect on a debt over seven years old?

Yes. Even though the chargeoff line item should come off of the credit report in seven years, the credit card company may attempt to collect their debt for as long as they wish (assuming no fair credit collection laws are broken in the process).


What are Credit card charge off laws?

Depends upon the state you live in, every state has different laws like statute of limitations of how many years that they can collect after credit has gone to bad debt. Generally the creditor will "charge off" the debt within 180 days of the last DLA. There are not specific laws regarding such action it is mainly a procedure done by the creditor to remove a debt from their account books for means of tax issues and for collection of the debt via other methods.


If you have debt on a credit card and you have never missed making a payment on time can a credit card company change the interest rate on the debt accumulated on that card?

Yes, it can. But you have to be given notice of the change in rate beforehand, and you may have additional rights under the laws of your state.


What is the statute of limitations for credit card debt in Georgia?

Credit Cards are typically considered Open Accounts. The credit card agreement you signed may specify the state laws that will apply to the account and collection activities associated with it. Read the contract and consult an attorney. In Georgia Open Accounts are subect to a 4 year statute of limitations.


What happens to credit card debt after the death of card holder?

This would depend upon the nature of the card holders' estate, whether they had a will, and the laws of their state of residence.


Can a creditor collect on a credit card debt over 8 years old?

Probably; it depends on the laws where you live.


What are the credit card debt laws?

The credit card debt laws are agreements and terms in which the user of the credit card is bound by a legal contract with their bank. This contract is usually signed by the user when applying for the credit card. Depending on which bank, different agreements and contracts can vary. If the user breaches any agreements, the bank may have the rights to bring legal charges against the user. Some examples of a credit card law may include, to pay for the installment fee on the credit card. If one fails to do so, the bank will file a lawsuit.

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