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How to Protect Yourself: Debt Collections
Source: The Florida Attorney General's Office
A debt collector may not use false statements, such as falsely implying that they are attorneys, that you have committed a crime, or that they operate or work for a credit bureau or misrepresenting the amount of your debt, the involvement of an attorney in collecting a debt, or indicating that papers sent to you are legal forms when they are not. Debt collectors may not tell you that you will be arrested if you do not pay; that they will seize, garnish, attach, or sell your property or wages unless the collection agency or creditor intends to do so and has a legal right to do so; or that a lawsuit will be filed against you, when they have no legal right to file or do not intend to file such a suit.

Complaints about collections agencies may be filed either with the Department of Financial Services or with the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580. You also may file a lawsuit against the collection agency for violating state and/or federal law. If you prevail, you may be awarded your actual damages, as well as attorneys’ fees and costs.

To remind people of their rights – and debt collectors of their obligations – the FTC is featuring a new video available at www.ftc.gov/MoneyMatters, in the section called "Dealing with Debt". The video is also available in Spanish at www.ftc.gov/asuntosdedinero.

A debt collector may not harass or abuse anyone. For instance, a collector may not use threats of violence against the person, property or reputation; use obscene or profane language; advertise the debt; or repeatedly or continuously make telephone calls with the intent to harass or abuse the person at the called number. In additi