Maryland Fair Debt Collection Practices
Do I have any protection from debt collectors under federal law?
Under the Federal Debt Collection Practices Act of 1977 (which has since been amended seven times through 2006), all debtors in the United States have these protections against debt collectors:
Debt collectors may not:
- Telephone you earlier than 8 a.m. or later than 9 p.m.
- Discuss your debt with anyone else
- Fabricate the negative results of not paying your debt
- Contact you in any way once you state in writing that you do not wish the collector to contact you further
- Deceive or threaten you
- Use foul or abusive language in conversations with you
- Contact you at work (either by telephone, in writing or in person) if your company’s policies do not permit such contact
- Attempt to visit you in person at your home more than once every thirty days (although a follow-up visit after an initial contact may be considered legal)
- Enter your home, unless asked to do so by a member of your household who is age 18 or older
- Remain on your property after you ask them to leave
- Attempt to contact you in any way after you have stated in writing that you believe the alleged debt to be incorrect; should the creditor be able to prove that the alleged debt is indeed owed, then the debt collector may resume attempts to collect the debt.
Of course, should you decide after consulting a qualified Maryland bankruptcy attorney to file for Chapter 7 or Chapter 13 personal bankruptcy, then debt collectors may not contact you at all after you file.
Do I have any additional protection against debt collectors under Maryland state law?
Under Maryland law, debt collectors may not …
- Use violence or force in anyway, or threaten to do so
- Intimidate you with the threat of criminal prosecution, unless you have violated criminal law
- Report or threaten to report damaging information that they know to be false about your credit worthiness
- Attempt to contact your boss or co-workers about a debt prior to receiving a final judgment against you
- Use foul or abusive language with anyone related to you
- Release or threaten to release to anyone other than you and your spouse (or if you are a minor, you and your parents) information that could negatively impact your reputation if there is not a legitimate need to do so.
- Contact you or any family members of yours in an abusive or harassing fashion
- Lie to you or any of your family members about the rights he/she has in attempting to collect the debt
Will declaring personal bankruptcy force debt collectors to leave me alone?
Once you file for personal bankruptcy, and then simply inform each debt collector who contacts you. Under federal and Maryland state law, the debt collector must cease to contact you about any debt listed in the bankruptcy filing. Remember, though, that if you take out any personal loans after bankruptcy and fail to make timely payments, debt collectors may legally contact you about that new loan not covered in the bankruptcy filing.
By the way, who is considered a debt collector?
Debt collectors can be anyone hired by a creditor to collect a debt and can include attorneys or collection agencies collecting for someone else. Creditors who attempt to collect their own debts under an assumed name are considered debt collectors. However, creditors attempting to collect their own debts under their own name are not considered debt collectors.
Tags: Chapter 13 bankruptcy in Maryland, Chapter 7 bankruptcy in Maryland, Fair Debt Collection Practices Act, Maryland Bankruptcy Attorney
. 02 Mar 09 | Bankruptcy Articles | Comments Off
