Debt Collection, Garnishment, Repossession

questions & answers

Question: What hours can a collections call you. I have a Rent to own company banging on my at 9:05 pm and waking my up on a week night. Isn't there certain hours that they cannot contact you?

Answer:

According to the Fair Debt Collection Practices Act, a debt collector must treat you fairly. If it is a collection agency who is calling you, then the FDCPA says:

1)They cannot call you at a time or place they know or should know to be inconvenient for you. Unless you tell them otherwise, they must call you between 8:00 a.m. and 9:00 p.m. at your local time.

2)If they know you have a lawyer representing you regarding the debt they are collecting, they must contact your lawyer and not contact you directly.

3)They must not call you at work if they know or have reason to know that your employer does not allow this. If you are called at work, tell the collector, or have your boss tell them, they must not call you at work again. Then, if they do, simply refuse to speak to them. Also, keep a record of calls made by a collector after they have been told not to call at work.

4)They must not communicate with you by postcard.

If you are being contacted directly by the Rent-to-Own company, they are not in the normal business of debt collection, therefore the FDCPA does not apply to them. From the wording of your question, it sounds like they are coming to your house and banging on your door. If that is the case, you may have other options but I would also need to know the city where you live. www.azlawhelp.org has a good section on the FDCPA and debtors rights which may also be of help to you.