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You Have Extremely Powerful Rights Under Federal Law! That’s Right! The Fair Debt Collection Practices Act (FDCPA) is a powerful federal law that was designed to protect you from collection agencies that use harassing, abusive or unfair collection tactics. The Right to Stop Debt Collectors From Harassing You! The Right to Stop Collectors from Making False Statements! The Right to Stop Bill Collectors from Making False Threats! The Right to Stop Collectors from Contacting Other People About You! The Right to Stop Any Unfair Collection Practices Used by a Collection Agency! What Action Can You Take? Debt collectors who take any one of the above actions are in violation of federal law. Pay You Financial Compensation! That’s right, you can make them pay you! Pay Your Attorneys’ Fees! That’s right, the collector will pay your attorney’s fees! Stop Calling You (once you hire an attorney)! That’s right, you can end the harassment! Fact: It Does Not Matter if You Owe The Debt! That’s right, you are entitled to this financial compensation and protection under the fair debt collection laws, even if you owe the money! Take Action Now For Free! At Kahn & Associates there is no cost or obligation for you to be informed of your rights!
Then, make whatever payments are necessary to insure continued utility service. Most utility companies may not require payment in full even if you are behind. Apply for energy assistance when applications are available, enroll in the utility’s customer assistance program if you qualify and any other source of help with your utility bills. Contact the Public Utility Commission and file an informal complaint if the utility will not make a reasonable payment agreement with you. You should pay a car loan after critical items (food, rent, clothing, utility bills), but before most other debts for nonessentials. Tax liabilities and student loans should be paid after critical items and transportation expenses are taken care of. Note: Federal student loans have income based repayment and other options available. Use one of these options which will keep the loan from going into default. Generally, loans with household goods as collateral should be paid only after shelter, clothing, food, utility, taxes, student loans and necessary transportation costs are satisfied.
9:00 p.m., unless you give your permission. They also may not use obscene or profane language, call you constantly to annoy you or, in most cases, call third parties, such as relatives, neighbors or employers. Pennsylvania has similar laws. Of course, feel free to use caller ID/blocking and voice mail to avoid their calls. Head off harassment before it starts. When financial setbacks prevent you from paying all of your bills, contact Consumer Credit Counseling for help. If they cannot help, contact the creditor and explain your situation. For example, say that you have to pay the landlord and utilities first, and that you will pay your other bills when you can. Don’t over promise: it’s better to be realistic about your prospects for paying. By contacting the creditor first, you may avoid having the debt turned over to a collection agency or debt buyer, which will usually be less flexible than the creditor in working out a payment plan. If you decide to work out a payment plan, you should only agree to a realistic plan, preferably one that significantly reduces the debt--otherwise your payments may not even cover monthly interest charges and will never pay down the principal.
Also, don’t promise payments that would prevent you from paying your monthly household expenses. Make sure that you get the new payment agreement in writing in case the creditor withdraws from your verbal agreement. Write a cease letter. If explaining the situation doesn’t stop collection efforts, the simplest way to stop contacts is to write the collector a cease collection letter. “Effective today, Please cease and desist all collection efforts and contact regarding the above account. Federal and Pennsylvania Law requires collection agencies to stop contacts with you after they receive a written request to stop. Be sure to keep a copy of the letter for your records. Complain about billing errors. Collection letters are sometimes wrong. If a letter contains a mistake, you should write and request a correction (and keep a copy of your request).
Even if a creditor gets a court judgment against you, the judgment itself does not force you to pay the debt. It only gives the creditor the right to try to take some of your property. If you do not own very much, the creditor cannot take any of your property, even though they might get a judgment against you. There is no such thing as debtors prison. In Pennsylvania, the first $300 of the property you own is exempt from sale ($600 if you are married). Also, a creditor may not sell someone else’s property to satisfy your debt. Wage garnishment is not allowed in Pennsylvania, except for back child support, student loan debt, and, in some limited cases, a legal judgment for damages obtained by a landlord. Bank account garnishment is allowed in Pennsylvania to collect a judgment, but money in a bank account from government sources, such as Social Security, SSI, unemployment and VA benefits and tax deferred accounts, including IRA’ and 401K’s cannot be garnished. How can I stop being harassed? Federal law prohibits unreasonable harassment by collection agencies or attorneys. For example, they may not contact you before 8:00 a.m.
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