Legal Question in Credit and Debt Law in Iowa
Collections Practices
I have recently been contacted by a collections agency concerning some medical bills. They refuse to set up payment arrangements on the debt unless I give them my work, work phone number and other personal information. I do not feel comfortable giving out this information. What personal information do they legally have the right to request?
1 Answer from Attorneys
Re: Collections Practices
They don't have the "right" to request any information from you. On the other hand, they don't have any obligation to set up payment arrangements either. I'd just tell them, "Look, I'm willing to pay this debt under these terms, but I'm not able to give you any more information than you already have, nor do I feel it is necessary for you to have this information. If I don't live up to my agreement, sue me." Bottom line is, if you can't come to some agreement, they can sue you, and if a judgment is entered, they'll probably garnish your wages. Garnishment is subject to very strict statutory limitations, but essentially, all you're doing is making payments anyway. Saves everybody time and money if an agreement can be reached. You might take a look at the Fair Debt Collection Practices Act to see if the collection agency has committed any violations. This can always strengthen your position. My website has a little bit of information, but not exactly directed at your situation. http://www.thomasmoens.com/fair_debt_collection_practices.htm