False statements

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Updated: 3/27/2003 3:09 pm
The Fair Debt Collection Practices Act is a set of rules and guidelines that creditors and collection agents must follow when seeking to collect debts. One section of this Act forbids collectors from making false statements. For example, a debt collector may not state an incorrect debt amount, pretend to be an attorney or government representative, or falsely pose as a credit bureau operator or employee. The collection agent isn't allowed to falsely imply that you've committed a crime or that you'll be arrested for non-payment of your debt. In addition, the person may not threaten to seize your property or garnish your wages unless such practices are legal and the creditor actually intends to do so. Nor may a collection agency state that you'll be sued if the law doesn't allow it or they don't intend to press such a lawsuit. The debt collector must not use an assumed name or send papers that appear to be official court or government documents when they aren't. Likewise, the person may not imply that particular papers aren't legal forms if, in fact, they are. Creditors and collectors aren't allowed to distribute false credit information about you to credit bureaus or anyone else.

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