Are You Being Harassed by a Debt Collector?

IT IS AGAINST THE LAW TO HARASS PEOPLE FOR MONEY!

Complete the case evaluation form or call me today to see if you have a case against a Debt Collectors.

What are debt collectors not allowed to do?

They can’t harass you. For example, they can’t:

  • threaten you with violence or harm
  • use obscene or profane language
  • repeatedly use the phone to annoy you

They can’t lie. For example, they can’t:

  • misrepresent the amount you owe
  • lie about being attorneys or government representatives
  • falsely claim you’ll be arrested, or claim legal action will be taken against you if it’s not true

They can’t engage in unfair practices. For example, they can’t:

  • try to collect interest, fees, or other charges on top of the amount you owe, unless the original contract or your state law allows it
  • deposit a post-dated check early
  • take or threaten to take your property unless it can be done legally

What does the debt collector have to tell me about the debt?

A collector has to send you a written “validation notice” within five days of first contacting you. The notice has to say:

  • how much money you owe
  • the name of the creditor you owe it to
  • what to do if you don’t think it’s your debt

When a debt collector calls, it’s important to know your rights and what you need to do. I help enforce the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts.

What else can I do if I think a debt collector has broken the law?

You can sue a collector in a state or federal court within one year of the date the law was violated. You can sue for damages, like lost wages and medical bills. If you can’t prove damages, you can still be awarded up to $1,000, plus reimbursement for attorney’s fees and court costs.

What types of debts are covered?

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered. Business debts are not.

Can debt collectors contact me any time or any place?

No. Debt collectors can’t contact you at inconvenient times or places. They can’t contact you before 8 a.m. or after 9 p.m., unless you agree to it. They also can’t contact you at work if they’re told you’re not allowed to get calls there.

What if my debt is old?

Debt collectors have a certain number of years they can sue you and win to collect a debt. It’s called the statute of limitations, and usually begins when you fail to make a payment on a debt. Once it’s over, your unpaid debt is considered “time-barred,” but in some states, you have to raise the age of the debt as a defense to win.

How long the statute of limitations on a debt lasts depends on what kind of debt it is, and the law in your state or the state specified in your credit contract.

Also, under the laws of some states, if you make a payment or provide written acknowledgment of your debt, the clock may start ticking again.