Free Washington Collections-Creditors Rights FAQs | Free Washington Collections-Creditors Rights Legal Documents

Can A Creditor Take A Post-Dated Check?

Tue, 29 May 2007 21:19:00 GMT

A collector can ask the debtor to write a postdated check, but they cannot be required to do so. If the debtor gives a collection agency a postdated check, under federal law the check cannot be deposited before the date written on it. And if the debtor gives the agency a check with the date more than five days in the future, the collector must give them timely written notice before the check is deposited.

How Can Repossession Take Place?

Tue, 29 May 2007 21:19:00 GMT

The buyer does not have to be notified before the repossession occurs.
The creditor cannot commit a crime, use abusive language, enter a home without permission, or take an item if the owner physically resists.
Cars can be towed from public or private lots.
A car can be towed from the owner's driveway if no other car is moved
A car cannot be towed from the owner's garage.

How May A Debt Collector Contact The Debtor?

Tue, 29 May 2007 21:19:00 GMT

A collector may contact the debtor in person, by mail, telephone, telegram, or FAX. However, a debt collector may not contact the debtor at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless they agree. A debt collector also may not contact the debtor at work if the collector knows that debtor`s employer disapproves.

May A Debt Collector Contact Anyone Else About A Debt?

Tue, 29 May 2007 21:19:00 GMT

If the debtor has an attorney, the debt collector may not contact anyone other than his or her attorney. If the debtor does not have an attorney, a collector may contact other people, but only to find out where the debtor lives and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than the debtor and their attorney that they owe money.

What Things Can't A Collection Agency Do?

Tue, 29 May 2007 21:19:00 GMT

publish lists of people who owe money; use a badge or uniform of a law enforcement agency or claim to be from a government agency;
use documents which look like court or government documents, telegrams, or emergency messages;
make collect phone calls or send collect telegrams;
violate postal regulations;
threaten to add charges that aren't legal, for example, an interest rate higher than the rate in the original contract;
garnish wages or take debtors home or possessions without a court judgment, however, an exception exists for federally guaranteed student loans that are in default. A federal law provides for an administrative garnishment up to 10% of the debtor's pay, or;
threaten to have a debtor put in jail for bad debt.

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