5 Vital FAQs on FDCPA

Can a collector make false or misleading statements while collecting debt?

Answer: Debt collectors cannot make any false or misleading statement while trying to collect on a debt. For example, a debt collector cannot:

  • Falsely claim to be an attorney or government representative.
  • Stating that you’ve committed a crime.
  • Stating that he is engaged or associated with a credit reporting bureau.
  • Misrepresent the amount you owe.
  • Stating that the papers he sends are legal forms.

How to manage multiple collection accounts?

Answer: If you owe money on more than one account, you can choose the account on which you want to make payment and the collector must apply the payment to that certain account. Again, a collector cannot apply a payment to a debt you are disputing.

How many types of debt collectors are there?

Answer: Typically, there are three types of debt collectors. These follow:

  1. Assignee – A debt collector who simply receives the account from your creditor.
  2. Debt buyer – A debt purchaser who buys accounts for pennies on the dollar.
  3. Collection attorneys – A law firm acting as debt collector and authorized to sue you as part of collection procedure.

How to deal with these 3 types of debt collectors?

Answers: In order to deal with these 3 types of debt collectors, you need utmost professional representation. If possible, it is best to hire the services of a law firm offering support against FDCPA violations or get assistance from an attorney specialized in FDCPA.

Can a debt collector garnish bank account or wages?

Answer: A debt collector can sue you to collect the debt. If he/ she wins, the court will enter a judgment against you and will allow the debt collector to get a garnishment order against you, which will direct your bank to transfer funds from your account to pay off the debt.

Wage garnishment is when your employer withholds part of your compensation to pay your debts. However, your wages can only be garnished if a court order is issued.

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