Debt Collection

Debt Collection

The Fair Debt Collection Practices Act applies to those who collect
debts owed to creditors for personal, family and
household debts, including car loans, mortgages, charge accounts
and money owed for medical bills. A debt collector may not: o
contact you at unreasonable times or places, for example, before 8
a.m. or after 9 p.m., unless you agree, or at work if you tell the
debt collector your employer disapproves;

o contact you after you write a letter to the collection agency
telling them to stop, except to notify you if the debt collector or
creditor intends to take some specific action;

o contact your friends, relatives, employer or others, except to
find out where you live and work or tell such people that you owe
money;

o harass you by, for example, threats of harm to you or your
reputation, use of profane language or repeated telephone calls;
o make any false statement, including that you will be arrested;
and

o threaten to have money deducted from your paycheck or sue you
unless the collection agency or creditor actually intends to do so,
and it is legal to do so.

If you are contacted by a debt collector, you have a right to a
written notice, sent within five days after you are first
contacted, telling you:

o the amount owed;

o the name of the creditor; and

o what action to take if you believe you don't owe the money. If
you believe you do not owe the money or don't owe the amount
claimed, contact the creditor in writing and send a copy to the
debt collection agency with a letter telling them not to contact
you.


If you do owe the money or part of it, contact the creditor to
arrange for payment.

Equal Credit Opportunity Act

The Equal Credit Opportunity Act guarantees you equal rights in
dealing with anyone who regularly offers credit, including banks,
finance companies, stores, credit card companies and credit unions.
A creditor is someone to whom you owe money. When you apply for
credit, a creditor may not:

o ask about or consider your sex, race, national origin or
religion;

o ask about your marital status or your spouse, unless you are
applying for a joint account or relying on your spouse's income or
you live in a community property state (Arizona, California, Idaho,
Louisiana, Nevada, New Mexico, Texas and Washington); o ask about
your plans to have or raise children;

o refuse to consider reliable public assistance income or
regularly received alimony or child support; and

o discount or refuse to consider income because of your sex or
marital status or because it is from part-time work or retirement
benefits.

You have the right to:

o have credit in your birth name, your first name and your
spouse's last name, or your first name and a combined last name;
o have a co-signer other than your spouse if one is necessary;
o keep your own accounts after you change your name or marital
status or retire, unless the creditor has evidence you are unable
or unwilling to pay;

o know why a credit application is rejected; the creditor must
give you the specific reasons or tell you of your right to find out
the reasons if you ask within 60 days; and

o have accounts shared with your spouse reported in both your
names.

Credit Cards

Choosing a Credit Card

Credit card issuers offer a wide variety of terms. Consider and
compare all the terms, including the following, before you select
a card:


o Annual Percentage Rate (APR) - the cost of credit as a yearly
rate.

o Free or Grace Period - allows you to avoid any finance charge by
paying your balance in full before the due date. If there is no
free period, you will pay a finance charge from the date of the
transaction, even if you pay your entire balance when you receive
your bill.

o Fees and Charges - most issuers charge an annual fee; some also
might charge a fee for a cash advance or if you fail to make a
payment on time or go over your credit limit.

Shop around for the terms that are best for you. Before giving
money to a company that promises to help you get a credit card:
o find out who the card issuer is and get the credit card terms in
writing, including all the fees and whether a deposit is required;

o try to apply to a card issuer directly, rather than giving money
to a third party; if you don't get the credit card, you might not
be able to get your money back;

o beware of "credit cards" that only allow you to buy from certain
overpriced, restricted goods catalogs; and

o beware of companies that promise "instant credit" or guarantee
you a credit card "even if you have bad credit or no credit
history;" no one can guarantee you credit in advance.

Using a Credit Card

Know your credit card protections. When you have used your card
for a purchase and you don't receive the goods or services as
promised, you might be able to withhold payment for the goods or
services. Card issuers must investigate billing disputes. (See
the section on Credit Billing and Disputes, page 20.)

If your card is lost or stolen, you are not liable for any
charges if you report the loss before the card is used. If the
card is used before you report it missing, the most you will owe is
$50.

Protect your credit record. Pay bills promptly to keep finance
charges low and to protect your credit rating. Keep track of your
charges and don't exceed your credit limit. Report any change of
address prior to moving so that you receive bills promptly.

Preventing Credit Card Fraud

o Sign cards when they arrive, so no one can forge your
signature on the cards and use them.

o Keep copies of all sales slips. Open credit card bills
promptly and compare the sales slips with the charges on your bill.


o Promptly report any suspicious or unauthorized charges to the
card issuer.

o Never give your credit card number over the phone unless you
have made the call and you know the company is reputable.

o Draw a line through blank spaces on charge slips. Do not sign
a blank charge slip.

o Destroy carbons and incorrect charge slips.

o Keep a record of your card numbers and expiration dates and the
phone number of the card issuer in a safe place.

To order free brochures on credit, contact the Federal Trade
Commission, Public Reference Section, 6th and Pennsylvania
Avenue, N.W., Suite 130, Washington, DC 20580, (202) 326-2222. To
file a complaint, contact your state or local consumer
protection agency, your state attorney general or your Better
Business Bureau.