Your Rights Against Debt Collectors - Navajo United Way Inc.

Navajo United Way serving the Navajo Nation

Debt Collectors

Your rights against debt collectors
and
Tips on dealing with debt collectors

Federal Law Gives Your Rights

When a debt collectors contacts you or a family member to try to collect a debt that you owe, Federal law gives your rights against debt collectors in nearly all efforts to contact you or others in order to collect the debt.

Without prior permission a debt collector cannot contact you by telephone or in person at unusually times (usually before 8:00 a.m. and after 9:00 p.m.) or at an inconvenient place, at unusual times (usually before 8:00 a.m. and after 9:00 p.m.). Example: phoning you or coming to your place of work, a church, or holy place. If you work the night shift, an inconvenient time may be during the day when you need to sleep.

If a place or time is inconvenient for you, ask the debt collector not to contact you there at that time. A debt collector CANNOT contact your employer, friends, neighbors, or anyone else to discuss your debt. A debt collector cannot contact a family member unless that family member co-signed the loan.

Other Things Debt Collectors Cannot Do!

Harass, intimidate, or threaten you or anyone else - this includes repeated phone calls to you to discuss the debt, letters threatening you, telephone messages left with neighbors, threats to contact your employer, family members, or neighbors.
Threaten you with violence or other criminal methods to harm you or anyone else - this includes threats to your reputation.
Use obscene or profane language, make repeated phone calls, or refuse to identify themselves to you and tell you why they are calling.
State that they represent the United States Government or any other governmental agency.
State that the debt collector is an attorney if he/she is not an attorney.
State falsely that if you do not pay the debt you will be arrested sent to jail.
State that your wages will be garnished, if the law doesn't allow it. In the Navajo Nation, wage garnishment has not been allowed except for child support.

Know Your Rights in Matters of Debt Collection

A debt is money that you owe to another. Debts you owe may include money loaned or owed on credit card, money owed to a store for an item purchased, rent or utility bills, or money owed for falling behind in car payments.
Debt collectors are independent companies hired to collect debts for stores, banks, car dealers.
The only time a debt collector can legally contact someone other than you about your debt is to ask for your address, home phone number, or work address (not work phone). The debt collector may ask for this information only once, and MAY NOT talk about the debt you owe.

If you have an attorney helping you with the debt and the debt collector knows this, then the debt collector must contact your attorney and not you! -Federal Law gives your Rights in Debt Collection.-

SEEK LEGAL COUNSEL IMMEDIATELY
IF YOU HAVE PROBLEMS!

"Even without legal assistance you can
stop contacts from debt collectors"

What you can do to stop a debt collector from contacting your or anyone else about your debt:

Write the debt collector a letter telling them to stop communicating with you.
Specify whether you want all communication stopped, all telephone calls stopped, telephone calls to your work place stopped, or all letters stopped.

IMPORTANT TO REMEMBER:

Keep a copy of the letter and mail the original letter by certified mail, return receipt requested.
If any of these things continue to happen to you, contact your local DNA office.
The law gives you certain remedies and you may have a legal claim against the debt collector.

Navajo United Way, Inc.
PO Box 309 - Window Rock AZ 86515
(928) 871-6661 - fax (928) 871-6663
navajoway@frontiernet.net