# Collection agency's responsibilities and laws that protect everyone else **URL:** \ **Category:** Factual Questions\ **Created:** [March 28, 2007, 5:02am UTC](https://boards.straightdope.com/t/collection-agencys-responsibilities-and-laws-that-protect-everyone-else/397794 "2007-03-28T05:02:04Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![SweetHomeColorado](https://avatars.discourse-cdn.com/v4/letter/s/d26b3c/32.png) [@SweetHomeColorado](https://boards.straightdope.com/u/SweetHomeColorado)\ **Post date:** [March 28, 2007, 5:02am UTC](https://boards.straightdope.com/t/collection-agencys-responsibilities-and-laws-that-protect-everyone-else/397794/1 "2007-03-28T05:02:04Z")
Hard coming up with a title for this multiple-pronged question… I’ll try to make this to the point. I had a situation in which I was somewhat blindsided by a collection agency calling me and stating that an account had been turned over to them. I was under the impression that this account was being handled by a consolidation company… The consolidation company’s request was turned down, my account closed (yes, a credit card) and quickly turned over to the collection agency. (you can read more in a previous thread I began about this) I was having a conversation today in which I was told that by law, there is a certain amount of days in which the debt has to be outstanding before a collection agency can be brought in. I was given the figure 120 days when I asked. I’m not sure if this is credible information but it certainly does make sense. My account was around 30 days outstanding before this was turned over. What is the legal boundary in which collection agencies need to abide by before intervening? Second, in my past thread about this I was given the info that collection agencies must provide a written statement, typically the day in which they make their first call. I never received any written notification and have been waiting for something before returning their call. Even then, I plan on having a correspondence with the agency that is “in writing only” Finally, What rights am I protected under? What are illegal things I should look out for that a collection agency may use to intimidate people into payment? Any other pertinent info anyone may have on protection I have and should use would be greatly appreciated. In no way do I plan on avoiding payments etc. However, I want to get this over with as smoothly and painlessly as possible. The guy assigned to my situation is a jerk… a complete jerk. I was respectful and to the point on the one occasion in which we spoke. He harassed me until I terminated the call. Mandatory Disclaimer to save everyone the time: I know you are in no way my lawyer and what you are giving me is a personal opinion that I will not take as legal advice nor use in any other way than information for the development of future thoughts and direction for starting my own research. Thanks! ---
**Author:** ![The\_Blue-Sighted\_Shadow](https://avatars.discourse-cdn.com/v4/letter/t/ecae2f/32.png) [@The\_Blue-Sighted\_Shadow](https://boards.straightdope.com/u/The_Blue-Sighted_Shadow)\ **Post date:** [March 28, 2007, 1:15pm UTC](https://boards.straightdope.com/t/collection-agencys-responsibilities-and-laws-that-protect-everyone-else/397794/2 "2007-03-28T13:15:22Z")
Here’s the [Fair Debt Collection](http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm) FAQ from the FTC, which outlines your basic rights as a debtor. Your state may have additional, more stringent, laws. When I was in collections, we had a list of names we were not allowed to use to speak to or refer to a customer as, nor were we allowed to make threats, although we could tell them what we actually could or would do. Violations were a federal fine, and a sizable one at that, IIRC. Writing to the collection agency to request that they only contact you via letter would probably be a good idea. If you do, be sure to send it certified, return receipt requested, and _keep your proof of mailing_ from the post office. It’s not required to sign or return a certified mail postcard (the green card attached to a certified letter), so the proof of mailing may be your \*only \*proof. Also, document every contact you have with the agency, including date, time, what they said, any derogatory language, etc. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [March 28, 2007, 1:37pm UTC](https://boards.straightdope.com/t/collection-agencys-responsibilities-and-laws-that-protect-everyone-else/397794/3 "2007-03-28T13:37:35Z")
[QUOTE=SweetHomeColorado] I was having a conversation today in which I was told that by law, there is a certain amount of days in which the debt has to be outstanding before a collection agency can be brought in. I was given the figure 120 days when I asked. I’m not sure if this is credible information but it certainly does make sense. My account was around 30 days outstanding before this was turned over. What is the legal boundary in which collection agencies need to abide by before intervening? [/QUOTE] No time limit for involvement of a collection agency that I’m aware of. Certainly no restriction on the debt collector. The only thing I can think of is that there may be a limit for accounting purposes concerning when a debt can be charged to profit and loss. But the only collection-related deadline associated with P&L is that the charge off starts the clock running for the debt’s stay on your credit report. > [@](#): > > Second, in my past thread about this I was given the info that collection agencies must provide a written statement, typically the day in which they make their first call. I never received any written notification and have been waiting for something before returning their call. Even then, I plan on having a correspondence with the agency that is “in writing only” Yup. > [@](#): > > 1. Validation of debts [15 USC 1692g] > > (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing – > > ``` > (1) the amount of the debt; > > (2) the name of the creditor to whom the debt is owed; > > (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; > > (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and > > (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. > > ``` > > (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. > > (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. [Fair Debt Collection Practices Act | Federal Trade Commission](http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808) > [@](#): > > Finally, What rights am I protected under? What are illegal things I should look out for that a collection agency may use to intimidate people into payment? Fair Debt Collection Practices Act and probably a few state laws. Some good resources: [http://www.nolo.com/article.cfm/ObjectID/FBFB935E-DB52-48CB-A64E2502F91AE24B/catID/43A35C36-0A53-4E37-B92C80B98E69E6D0/213/208/155/FAQ/](http://www.nolo.com/article.cfm/ObjectID/FBFB935E-DB52-48CB-A64E2502F91AE24B/catID/43A35C36-0A53-4E37-B92C80B98E69E6D0/213/208/155/FAQ/) [http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm](http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm)