While I’ve recently had a problem paying the minimum due on a couple of accounts, up until this point my payment history has been excellent. Still, the two companies have turned me over to a collection agency that’s making my life miserable. Is there anything I can do to stop this persecution? — Gloomy George

Dear George: You failed to include just what form the “persecution” takes so I’ll go over what debt collectors legally can and cannot do under the Fair Debt Collection Practices Act. 1) Even though persons at a collection agency can contact you via mail, phone, telegram, or fax, they may not do so before 8 a.m. or after 9 a.m., nor can they contact you at work if aware your employer doesn’t approve of such communications. 2) These people may not use threats of harm, publish your name (except to a credit bureau such as Equifax), call simply to annoy, or use profane or obscene language. 3) They cannot use false or misleading statements. These include implying they are attorneys, misrepresenting the amount of your debt, and so forth. 4) The company may not give false information about you, send you a document that looks “official” when it isn’t, or use a fake name. 5) Under no circumstances can they state you’ll be arrested, that they can cart off any property or wages (unless it’s legal to do so), or that they intend to take legal action against you, if they can’t or don’t intend to. 6) And absolutely not can debt collectors use unfair practices when they try to collect money. (The Federal Trade Commission spells out these practices at www.ftc.gov.)

Borrowing from Parade Magazine (Sept. 21, 2008), never reveal any personal information (yes, you’re tired of hearing that, I’m sure) to the “bounty hunter,” even if he or she says you must. Demand all details and written proof of the claim. Additionally, while I’m not advocating you renege if you genuinely owe money, a statue of limitations does exist, generally from three to six years, after which point you don’t owe a thin red dime. In fact, if the debt is prior to this time and the guy still insists you owe, he’s the one breaking the law!

So let’s say the folks from Devious Debt Collection defy the law. On the one hand, I do advise making some sort of payment plan with the company you actually owe; so far as the underhanded fellows go, you can help send them to the federal hoosegow. First, report any problem to your state attorney general, as well as to the Federal Trade Commission (FTC). Secondly, within one year from the date of violation, the law states you have the right to sue in state or federal court and, if you win the case, you may receive money for damages (“pain and suffering”) plus an extra $1,000 and court costs/attorneys fees.

For the most part, bill collectors try to bring home the bacon in an honest fashion just like the rest of us. However, just as with any business, it only takes a few sour apples, and this particular line of work can be pretty scary to those of us on the receiving end. Like any other consumer issue, though, be aware of your rights with regards to collection agencies in order to avoid headaches.

Editor’s Note: Ellen Phillips is a retired English teacher who has written two consumer-oriented books. Her Consumer Watch column appears on Saturdays in the Business section of the paper. An expanded version is at www.timesfreepress.com under Local Business.

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