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KNOW YOUR RIGHTS WHEN DEALING WITH DEBT COLLECTORS

BEFORE YOU RESPOND

Research the company calling you

Ask for the caller’s name and business information

Keep records of every conversation

Do not assume the debt is valid

Understanding your rights can help you protect yourself and respond more confidently. If you believe a debt collector is harassing you or using unfair collection practices, you may file a complaint with the Consumer Financial Protection Bureau.

WHAT DEBT COLLECTORS CANNOT DO

CONTACT YOU INAPPROPRIATELY

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Debt collectors generally cannot contact you at unusual times or places, call you at work if your employer does not allow it, or discuss your debt with other people without your permission.

HARASS, THREATEN, OR INTIMIDATE YOU

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Debt collectors cannot threaten violence, repeatedly call to annoy or harass you, use obscene language, or threaten actions they cannot legally take.

LIE OR MISLEAD YOU

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Debt collectors cannot lie about the amount of the debt, pretend to be attorneys or government officials, send fake legal documents, or falsely threaten arrest or criminal charges.

USE UNFAIR COLLECTION TACTICS

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Debt collectors generally cannot charge unauthorized fees, communicate by postcard, or threaten criminal prosecution over postdated checks.

DID YOUR DEBT COLLECTOR VALIDATE THE DEBT?

Debt collectors must provide written information about the debt, including the amount owed, the name of the creditor, and your right to dispute it. You usually have 30 days to dispute the debt in writing, and collection efforts must pause until the debt is verified. If you do not believe you owe the debt, send a dispute letter as soon as possible requesting verification and information about the original creditor.

IS YOUR DEBT COLLECTOR LICENSED?

In Tennessee, both the debt collection company and the individual acting on its behalf generally must be licensed to collect debt. The statute of limitations for medical debt lawsuits is generally six years. While this does not erase the debt or stop collection attempts, it may serve as a legal defense if you are sued for a debt older than six years.

IMPORTANT TO KNOW

Some people may be considered “judgment proof,” meaning debt collectors may not be able to collect from protected government benefits like Social Security, SSDI, or SSI. You may want to notify the debt collector that your income is exempt from garnishment.

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