What are my rights when dealing with a debt collector?
When dealing with a debt collector in South Dakota you have certain rights that need to be respected. First, you have the right to receive written verification of the debt within 5 days of the initial contact from the debt collector. The debt collector must provide you with the name of the original creditor, the amount of debt owed, and your rights in the matter. You also have the right to dispute the debt and request further proof of debt and charge details. If you are disputing the debt, the debt collector needs to notify the original creditor of the dispute. Debt collectors are not allowed to use abusive language or threaten you with any form of illegal or criminal action. They are also prohibited from calling you excessively, talking to your friends or family members about the debt, or calling you at work. Under South Dakota Collection Defense Law, debt collectors cannot garnish your wages or take any other form of legal action without first obtaining a court order. Finally, debt collectors must abide by the Fair Debt Collection Practices Act (FDCPA). This law protects consumers from abusive, unfair, and deceptive debt collection practices. It also prohibits debt collectors from engaging in harassing or oppressive behavior.
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