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Debt Collection Abuse

20 Illegal Debt Collection Practices – FDCPA Violation

February 14, 2018 by Consumer Center

When you owe debt to a collection agency, it is important to know what kinds of practices they can and cannot do. Sometimes, debt collectors will lie to or threaten you to collect payments. When this happens, you may be able to file a lawsuit against them to collect compensation for your troubles.

Read on to learn more about the Fair Debt Collection Practices Act to know and understand your rights when it comes to debt collections.

Twenty FDCPA Violations Debt Collectors Cannot Make

FDCPA violation
This Debt Collector Keeps Calling Me At Work!
1. Asking you to pay more than you owe

Debt collectors may not lie or misrepresent the amount of debt that you owe. Any inaccurate representation of your debt is considered an FDCPA violation.

2. Asking you to pay interest, fees, or expenses that are not allowed by law

The debt collector may not ask you to pay any extra interest, fees, or expenses on top of your actual payment unless the contract specifically states so.

3. Calling repeatedly or continuously

It is considered harassment (one of FDCPA violations) if debt collectors are constantly calling you for debt collection purposes.

4. Using obscene, profane, or abusive language

Using any of these languages is considered a form of harassment and is against the law.

5. Calling you before 8:00 am or after 9:00 pm

A debt collector may not contact you any time they want. Unless the debt collector has your consent, the collector may not call you before 8 am or after 9 pm.

6. Calling you at times the collector knew or should know are inconvenient

Calling you at inconvenient times is an FDCPA violation. Debt collectors can only call you between 8 am and 9 pm (or at outside times if given prior consent).

7. Using or threatening to use violence if you don’t pay the debt

Debt collectors cannot engage in any kind of activities that are intended to harm or harass you.

8. Threatening action they cannot or will not take

A debt collector may not threaten an action they are not able to make against you, such as threatening to sue you for not paying your debts.

9. Illegally informing a third party about your alleged debt

Debt collectors are not allowed to tell anyone else about the debt you owe unless you have given prior consent, except to: your attorney, creditor, creditor’s attorney, a credit essay writer reporting agency, your spouse, or your parents (if you are a minor).

10. Repeatedly calling a third party to get your location information

While collectors are able to contact third parties to gather information about your whereabouts, they may not contact them more than once (unless they received incorrect information and need the correct one).

11. Contacting you at work knowing your employer doesn’t approve

It is a violation of FDCPA if a debt collector attempts to contact you at work if they know or can guess that your employer disapproves.

12. Failing to send a written debt validation notice

Collectors must send you a written debt validation notice within 5 days of the collector’s initial communication and must give you a notice for your right to dispute the debt within 30 days.

13. Ignoring your written request to verify the debt and continue to collect

When you send a written request to verify your debt, the collectors may not continue to collect debt from you. This is assuming that your request was made within 30 days of receiving your debt validation notice.

14. Continuing to collect on the debt before providing verification

When the debt collector receives your written dispute (#13), they must stop any attempts to collect your debt until you have received the verification notice.

15. Continuing collection attempts after receiving a cease communication notice

Once receiving your written request for the debt collector to stop further communication, the collector may contact you (via mail) one more time regarding either:

  • that any further attempts to collect debt will cease,
  • that they may take certain actions against you, or
  • that they will definitely take actions against you.
16. Claiming to be a law enforcement agency or suggest having connection with the government

Making false claims or statements is an FDCPA violation and may be prosecuted for such violations.

17. Falsely representing the amount you owe

This is an inaccurate and false representation of the debt you owe and can be used as a legal grounds to file a lawsuit against the debt collector.

18. Impersonating as a member of a credit bureau

Sometimes, the debt collector may identify themselves as a member of the IRS. Impersonating as such a member is against the law, unless the collection agency and the credit bureau are the same company.

19. Listing your debt for sale to the public

Publicizing a list of debtors (which you are a part of) is an FDCPA violation (except to a consumer reporting agency). It is considered a form of harassment or abuse against the debtor.

20. Falsely claiming that you’ve committed a crime

Unless you have actually committed a crime, the debt collector may not falsely represent or implicate that you have committed any crime or other behavior of sort to humiliate and disgrace you. This is an illegal practice for attempting to collect debt.

Stop Harassment – Speak To An Attorney

If you have experienced any of the 20 FDCPA violations above, you can stop further harassment and seek compensatory damages from the debt collectors by suing them. Speaking with an attorney can be extremely beneficial as the attorney will understand the situation you are in and figure out the best way to stop harassment and win you compensation for your troubles.

Filed Under: Debt Collection Abuse

Unfair Debt Collection is Violation Against the Law – Act Now

November 21, 2017 by Consumer Center

Just as you are getting ready to relax after a long day at work, your phone rings for what seems to be the tenth time today. It is a debt collector calling again about a debt that you don’t even owe. Even worse is the fact that the debt collector harasses you every time that you pick up the phone. Don’t worry. You’re not alone.

According to Money, debt collection harassment is shockingly common. Although debt collectors are supposed to stop calling once they receive an official request to stop communicating with a consumer, they often don’t stop. In fact, Money found that 75 percent of consumers that have asked for the calls to stop keep getting harassed by collectors.

Debt collection is responsible for more consumer complaints than any other financial service or product. That is no surprise given the amount of harassment that consumers have suffered from collectors.

According to the survey by Money, 40 percent of people received more than four calls a week from debt collectors, and they sometimes called at all hours. This is illegal under federal laws. If this is happening to you, there are ways to make it stop.

You don’t have to put up with these unfair debt collection attempts. There are federal laws in place to protect you against this practice.

What Are Some Of The Most Common FDCPA Violations?  

As a consumer, the very first thing that you want to do in fighting debt collectors harassment is to familiarize yourself with the Fair Debt Collection Practices Act, or FDCPA. Then you will see exactly how the law protects you.

The FDCPA was established to protect consumers from unethical debt collection practices. FDCPA laws prohibit debt collectors from using inappropriate methods to collect a debt.

Under the FDCPA, you have the right to send a letter to a collector asking them to stop calling you. Once you mail this letter to them, they have to stop calling you. The law also bars creditors or debt collectors from using shady debt collection practices to try to manipulate you into paying.

Examples of inappropriate or unfair collection practices include:

  • Calling repeatedly after you have asked them to stop.
  • Threatening to publish information about your debt.
  • Harass or embarrass you on social media.
  • Threaten to harm you if you don’t pay.
  • Tell you that you will go to jail for not paying the debt.
  • Calling you offensive names or using obscene language.
  • Pursue you for debt that is not yours.
  • Call you all hours of the day and night. Debt collectors cannot call before 8 AM or after 9 PM.
  • Impersonating a law enforcement officer.
  • Calling you at work after you inform the collector that you can’t take calls at your workplace.

If you are experiencing any of the above forms of abuse from debt collectors, ask them to stop. Make sure that you put the request in writing and send it to them certified mail so that you have proof that you mailed it.

Next, keep detailed notes of every single call. Make sure you note:

  • The time of day of the call.
  • The telephone number.
  • The name of the agency.  
  • The representative’s name.
  • Notes of what was said.   

After asking the collector to stop calling you and taking notes, contact an experienced  FDCPA attorney.

No More Unfair Debt Collection Calls – Call an FDCPA Attorney

You have rights. Don’t let a debt collector push you around. And don’t ignore debt collector phone calls. The problem will not go away. If debt collectors are not confronted and told to stop, they will just keep calling. You have the right to sue for compensation if you have been a victim of any of the above FDCPA violations.

With an FDCPA attorney on your side, dealing with debt collectors is easy. Once you hire an attorney, the collector is not allowed to call you anymore under FDCPA laws. They must communicate directly with your lawyer.

A lawyer can help you recover statutory damages of up to $1,000. If the collector uses a robocaller to harass you, you might be awarded as much as $1500 per telephone call.

Call (818) 697-4295 if you want to get help with stopping unfair debt collection attempts.

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Filed Under: Debt Collection Abuse

Fair Debt Collection Practices Act (FDCPA)

August 27, 2017 by Consumer Center

Call For FREE Legal Advice: (818) 697-4295

Are you being harassed and annoyed by debt collectors? Get help today!  

We Can Help You:

  • Understand your rights under the Fair Debt Collection Practices Act.
  • Represent you in court if you are being sued by collectors.
  • Protect yourself from predatory debt collectors.  
  • Stop debt collectors harassment, lies or threats.  
  • Get creditors to stop calling you at work.
  • Sue collectors if they have violated your rights.
  • Recover money from bill collectors that harass you, lie to you or threaten you.

If debt collectors are giving you annoying calls, talk to our debt collector dispute lawyers today for a possible FDCPA lawsuit. Call (818) 697-4295. The consultation is free!

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act, or FDCPA, was passed in 1978 by Congress due to an abundance of deceptive, unfair and abusive debt collection practices. They passed this legislation to protect consumers from being harassed by debt collectors. The FDCPA requires debt collectors to do the following things:

  • Identify themselves during every communication as a debt collector and let you know that they are attempting to collect a debt.
  • Send you a written notice within five days of first contacting you that tells you how much you owe, to whom and what action you can take if you don’t believe that you owe the money.
  • Provide written verification of the debt within 30 days if you ask for it.

The FDCPA sets limits on what creditors cannot do when it comes to collecting a debt. It also provides consumers with the right to sue debt collectors if they are being harassed by their creditors.

How do you know if your creditors are violating the FDCPA? The best way to be sure is to talk to an experienced FDCPA lawyer.

Here are some things that could be a violation of the FDCPA. If debt collectors are engaging in any of the following practices, it is a good idea to contact an attorney right away.

  • Calling you at all hours – Under the FDCPA, a debt collector is not permitted to contact consumers before 8 AM or after 9 PM.
  • Telling others about your debt – A debt collector can call others to ask where you live or ask for your phone number. However, they cannot tell the person that they are calling from a debt collection agency. Also, they can usually call just once, but there are a couple of exceptions to this rule. They can discuss your debt with your wife, attorney, or parents/guardian if you are a minor.
  • Harassing you at work – Third-party debt collectors cannot call your work repeatedly after you tell them to stop. Simply tell them that your employer does not approve of them calling you at work. If they keep calling, they could be violating the FDCPA.
  • Lying to you to try to collect a debt – A collector cannot lie to you to collect a debt. A good example of this is a collector telling you that they are an “investigator” when they are not.
  • Trying to collect a debt that is not yours – If you are getting calls about debt and you don’t believe that it is yours, tell the collector to stop calling you.
  • Saying that you will be arrested or go to jail if you do not pay – The government outlawed debtor’s prisons back in the 1800s, yet bill collectors still try to use the threat of sending people to jail over debt.  However, these threats are against the FDCPA. You cannot be imprisoned for failing to pay a consumer debt, such as a credit card, hospital bill or car loan.
  • Threatening to garnish your wages without a judgment – The only way that a creditor can take money from your paycheck for debt is through a court order. Unless they go to court to receive a wage garnishment, they can’t take money from your paycheck.
  • Threatening to take your car, house or any other property – There are only a few instances in which a creditor can take your assets to pay off debt. If the asset was used as collateral to back the loan, they could seize it. For example, a creditor can repossess your car if it was used to secure the loan. Another instance will be if the creditor has a court order or judgment to seize your assets. If a creditor is threatening to take your assets otherwise, it could be grounds for an FDCPA violation.
  • Using abusive language or profanity – If a debt collector crosses the line and uses profane language, yells at you or tries to humiliate you, you may have grounds for a lawsuit.
  • Calling you repeatedly – Although federal law doesn’t limit how many times a collector can call you, if they are calling too much, you have the right to tell them to stop calling you. If they keep repeatedly calling after you tell them to stop, this is a violation of the FDCPA.
  • Threatening to use violence if you do not pay the debt – This is more common than you would think. According to the Federal Trade Commission, in 2010, more than 4,100 people complained of debt collectors threatening physical violence to try to collect a debt. Using threats of violence or harm to collect a debt is against federal law.
  • Asking you to pay interest or fees not allowed by statute – Debt collectors are only allowed to charge the amount of interest on debts that was agreed to in the initial contract for the debt or the amount expressly permitted by law. They cannot artificially inflate the amount that you owe just because they want to; however, many try to do this very thing.   
  • Continuing to attempt to collect the debt after you have sent a cease communication notice – If you send a collector a written cease communication notice, they must stop calling you.  
  • Failing to provide you with a fair debt collection practices act notice – They must send you proper notice of your rights under the FDCPA.  
  • Contacting you if you have a lawyer – Once you hire an attorney to represent you against FDCPA violations, debt collectors cannot contact you anymore. All communication has to go through your lawyer.

This is just a list of potential violations; it is not exclusive. There are many other ways that creditors violate the FDCPA. If you believe that a bill collector is harassing you, then your best bet is to get in touch with an FDCPA lawyer who is experienced with this law. They can tell you, in your particular situation, if a debt collector might be violating the FDCPA.

Unfair Debt Collection

If you are getting harassing phone calls from debt collectors, don’t just ignore it. Creditors don’t have the right to threaten, demean or verbally abuse debtors. If they are doing this to you, then you might be the victim of unfair debt collection. You will need an attorney experienced in consumer rights debt collection to help enforce your rights.

Debt Collection Letter

Sometimes, collectors violate the Fair Debt Collection Practice Act by sending collection letters. Here are several examples of debt collection letters that may violate the FDCPA:

  • Language on the envelope that indicates that the letter is from a debt collector,
  • Initial demand letters that ask for payment in less than 30 days,
  • Letters that threaten prosecution or arrest for failure to pay the debt, or
  • Failure to provide the consumer notices.

These are just a few examples of debt collection letters that violate the FDCPA. If you have received a letter and you believe that it might break the law, click here to get in contact with an attorney.  

Medical Debt Collection

Medical debt can spell disaster for almost anyone. All that it takes is one serious medical problem to rack up thousands upon thousands of dollars in medical debt.

If you don’t pay the bills, the hospitals and doctors will send the bill to medical debt collectors. Fortunately, there are laws that protect consumers when it comes to medical debt collections. The FDCPA also safeguards against abuse and harassment from medical debt collectors.

If medical debt collectors are doing any of the following things, you might have grounds to file a lawsuit:

  • Sending letters to your friends and family about your medical debt,
  • Sending harassing letters threatening to sue you when they have no intention of following through,
  • Threatening to have you arrested if you do not pay your medical bills,
  • Refusing to provide proof that the debt is yours,
  • Trying to collect money from you for someone else’s medical debt, or
  • Attempting to collect money for a medical debt that was already discharged in bankruptcy.

Commercial Debt Collection

The Federal Debt Collection Practices Act does not apply to the collection of debt incurred for business purposes. So, if you incurred debt to fund business or agriculture, the FDCPA will not apply to debt collection, according to the Federal Reserve. Check out this link for more information.

If you are being harassed by creditors for a business or corporate debt, you have options. You can contact an attorney to help you negotiate with creditors or restructure your business debts. By doing this, you may be able to work out a payment plan or even eliminate a portion of your debt. This can help your business get back on track.

Debt Collectors Act

The Fair Debt Collections Practice Act protects you from unscrupulous debt collectors. It is against the law for collectors to harass, threaten, being dishonest or misleading. Many creditors and debt collectors violate the FDCPA to collect on a debt. They believe that consumers either don’t know the law or won’t enforce their rights. However, working with an attorney can help you put a stop to harassment and illegal debt collection practices. Learn what options you have if you are the victim of dishonest debt collectors.

FDCPA Violations

It is important to understand that if you are being harassed or threatened by debt collectors, you have rights. Federal third-party debt collection laws allow consumers who are victims of debt collector unfair practices to recover cash compensation from collectors. Here are some of the damages that you may be able to recover in an FDCPA lawsuit:

  • Statutory damages – If you can prove that the debt collector violated the FDCPA, you can recover up to $1,000 in damages.
  • Damages for emotional distress – Examples of emotional distress might include experiencing extreme anxiety or sadness after being humiliated by a debt collector or stress from receiving harassing telephone calls.
  • Physical Distress – You might be able to receive compensation if you experienced physical problems as a result of harassment from collectors. If your sleep was interrupted and it negatively affected your health because collectors were calling you at all hours of the night, then you might be eligible to receive cash compensation.
  • Lost wages – If your employer fires you because a debt collector calls your work relentlessly after you have told them to stop, you might be able to recover money for lost wages.
  • Attorney fees and court costs – If you prove that the creditor or bill collector violated the FDCPA, the court may allow you to recover all of your lawyer’s fees and court costs. You will not have to pay a dime for suing debt collectors if you win.

As you can see, you have a lot to gain by suing debt collectors that harass, threaten or lie to you. An experienced FDCPA violation attorney can best represent your interests when it comes to fighting debt collectors.

Talk to Our FDCPA Lawyers for Free!

Are you are the victim of unfair collections? Do you want to fight back against untruthful debt collectors? Beat your creditors at their own game. Turn the tables on them so that they have to pay you, and our FDCPA lawyers can help you do just that.

To get in touch with an experienced lawyer about debt collection agency harassment, call us at (818) 697-4295.

The consultation is free!

Filed Under: Debt Collection Abuse Tagged With: debt collector, FDCPA lawyers, fdcpa violation attorney, unfair debt collection

Bankruptcy Attorney – Eliminate Debt

August 17, 2017 by Consumer Center

There is nothing worse than being constantly harassed by debt collectors. The number of individuals throughout the country facing this scenario is staggering. But what can be done to eliminate this debt and to stop debt collection abuse and harassment?

While many people feel as though they are being hung out to dry with hundreds of thousands of dollars in debt, there are few ways to stop the situation from escalating. Some of these methods are filing Chapter 13 bankruptcy and filing chapter 7 bankruptcy.

Filing bankruptcy in California can be a complicated and daunting task. Trying to determine which route is best for your situation and understanding the laws and side-effects of each process is difficult. This is the primary reason that a bankruptcy attorney in California is necessary. Attorneys help individuals by going through the debt to see which route is the best one for them to take. Once they analyze the situation, the next step is to eliminate the debt.

A bankruptcy attorney in California can help eliminate debt by working within the parameters of the law to come up with the best possible solution. Their expertise in bankruptcy puts their clients in confident, capable hands. In fact, when filing Chapter 13 bankruptcy or filing Chapter 7 bankruptcy, the final result is the complete elimination of debt.

If you want to get out from under harassing debt collector phone calls, letters, and emails, the best way to do so is by filing for bankruptcy in California. When you take control of your debt, you can regain your financial freedom once again. For best result always meet with a bankruptcy attorney for assistance and information on what to expect when filing bankruptcy in California.

What Is Chapter 7 Bankruptcy?

Financial distress is a reality for many families throughout the US. With so many issues facing individuals in modern life, it can be difficult to know where to turn to for help. When worse comes to worse, the only answer is often filing Chapter 7 Bankruptcy. But what is Chapter 7 Bankruptcy and how can it help you alleviate financial distress in your life?

The Basics of Chapter 7 Bankruptcy

For starters, not everyone can and does qualify for this form of bankruptcy. In fact, the best route is to consult with a bankruptcy attorney before making a decision. However, here are a few additional qualifications that you have to meet to legally be able to file Chapter 7.

  • You have to have a great amount of debt.
  • You must have no alternative options for eliminating debt.
  • Your income must be below the national median income for the country.
  • You cannot be filing bankruptcy for a corporation.
  • You must not have filed bankruptcy of any kind within the previous 8 years

If you meet these criteria you can then move forward with filing bankruptcy in California.

Steps to File Chapter 7 Bankruptcy

The first and foremost important step in filing bankruptcy in California is getting in touch with a bankruptcy attorney. With so many complicated rules, regulations, and restrictions it is impossible to file bankruptcy without an attorney. Once you meet with a bankruptcy attorney you will likely need and/or be required to complete a two-hour financial management course. This ensures that you are aware of what causes debt and how you can negate it in the future.

If you are considering Chapter 7 bankruptcy, please contact the Consumer Center for Resources for more information about how to file and what you need to know about doing so. Contact them today to get your financial life back.

What Is Chapter 13 Bankruptcy?

When you are under financial distress, it is important to know and understand the options available to you. There are many different types of bankruptcy that can alter the repayment structure and the final amount that you pay on your debt. One of the most popular bankruptcy options is Chapter 13 Bankruptcy. But what do you need to know if you are filing chapter 13 bankruptcy and how can an attorney help you?

Chapter 13 Details

Chapter 13 bankruptcy is a repayment method used by debtors to clear their name and rebuild credit with their lenders. Traditionally, this option allows you to pay off your debt partially or in its totality. The determining factor in how much debt you pay relates to the amount of payments you agree to pay and their length. Most Chapter 13 bankruptcy runs anywhere between 3 to 5 years in repayment length, however, this is ultimately determined by the agreement you make with your lender. Chapter 13 bankruptcy in California follows federal guidelines like the rest of the country.

Benefits of Filing Chapter 13 Bankruptcy

Although filing for bankruptcy can be difficult, Chapter 13 does offer many benefits that other repayment options do not. For starters, debtors start increasing their credit score immediately after filing for bankruptcy. Debtors also eliminate the risk of auto repossession and wage garnishment upon filing for Chapter 13 Bankruptcy. These benefits are crucial to rebuilding credit and a more financially stable life.

If you need financial assistance, turn to the Consumer Center for Resources to learn more about how you can get from under the pressure of mounting debt. We are here to help you find a way out of your situation in the easiest, best way possible. Reach out to us today to stop getting debt collection abuse calls.  If you are in Nevada, reach out to Rodney Okano bankruptcy lawyer Las Vegas

Call (818) 697-4295 to be connected with a lawyer today. The consultation is FREE!

Filed Under: Debt Collection Abuse Tagged With: bankruptcy attorney, chapter 13 bankruptcy, chapter 7 bankruptcy, filing for bankruptcy

Debt Collection Abuse – How to Finally End Calls From Debt Collectors

January 24, 2017 by Consumer Center

Many people experiencing financial hardship have been victims of debt collection abuse. Debt collection abuse is anything a creditor does to coerce, threaten, or harass someone into paying off a debt. Thankfully there are laws and policies in place to protect people from this unfair and threatening practice.

We have a network of attorneys who are experienced in ending annoying calls from debt collectors. Call (818) 697-4295, and we will connect you with an attorney for a FREE consultation!

Unwanted Phone Calls Can Lead to Harassment

Harassment from debt collectors can come in many forms, but the most common is through unwanted phone calls. If you have fallen behind on your bills, missed a few payments, or completely forgotten to pay your bills altogether, you will most definitely begin to receive phone calls from the companies or financial institutions to whom you owe money.

During these phone conversations, they will be asking you to resolve the unpaid debt immediately through either payment of the money owed in full or setting up payment arrangements. When these unwanted phone calls escalate into harassment, you have the right to put an end to them.

Follow these steps in order to end those unwanted phone calls:

  • Collect as much information as you can about the debt in question, such as the person’s name, date of birth, social security number, or address.
  • Report these harassing calls from debt collectors to any of the following organizations – the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau, the Association of Credit and Collection Professionals, or you may also contact your state Attorney General’s office.
  • Record all or as many of these harassing phone calls as you can. This will be helpful, along with collecting the above information, for any future legal decisions.
  • Save any letters, notices, or e-mails you receive regarding the debt in question.
  • Find an attorney who specializes in suing debt collectors. This does not mean you have to sue, but the attorney can assist you by providing the information you need in order to make the best decision.

Unlawful Practices Prohibited by the FDCPA

How do you know if you are a victim of debt collection abuse? The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from these unfair practices. Below are examples of various FDCPA violations:

  • Profane and threatening language
  • False statements in order to intimidate you
  • Adding fees, charges, or interest that is not a part of the original credit agreement
  • Claiming to be someone else, such as an attorney or a law enforcement officer
  • Threats to arrest you, garnish your wages, or seize your property
  • Claiming you owe more money than you actually do
  • Making statements that legal action will be taken against you

An FDCPA attorney can help you discover your rights as a victim of debt harassment calls. As a victim of these harassing phone calls, you do have the right to sue and recover fees for damages incurred. Types of damages include physical, emotional, stress-related, loss of wages from being harassed at work, and any attorney costs and fees.

End Debt Collection Abuse Calls – Speak With an Attorney

Don’t wait to stop calls from debt collectors. The longer you wait, the easier they think it is to call you again.

You will want to find a Fair Debt Collection attorney you trust; someone who truly cares about your situation. Our partnered attorneys will listen to your experience and advise you according to your circumstances.

Call us at (818) 697-4295 to be connected to an FDCPA attorney. The consultation is FREE!

Filed Under: Debt Collection Abuse Tagged With: debt collection abuse, FDCPA attorney, harassment calls

Stop Debt Collector Calls – Speak with an FDCPA Lawyer

October 24, 2016 by Consumer Center

Many people with medical, loan or credit card debt have suffered humiliation, harassment and verbal abuse at the hands of debt collectors. Going through a financial hardship is difficult enough as it is without having to deal with bullying and unfair collection tactics by debt collectors. You will see how you can stop debt collector calls in this article.

Debt collectors unfairly target many consumers for money that they don’t even owe.  Recently widowed, Lynn Dingwall suffered harassment from a debt collector for months. According to Fox News Kansas City, the debt collector called Dingwall’s home telling her that she owed $10,000 for a credit card bill. Dingwall said that the credit card debt was not hers, but she couldn’t get the collector to stop harassing her. The collector was relentless.

Finally, Ms. Dingwall told her son what was happening. He wrote a letter to the debt collector and informed them that the debt did not belong to his mother. Dingwall’s son asked them to stop bothering her. Rather than stop harassing Ms. Dingwall, the debt collector sued her.

Dingwall’s lawyer proved that the debt was not hers. It belonged to her late husband and was in his name only. The two had completely separate finances. Right after her husband passed away, the collector took her husband’s name off the account and put it in Ms. Dingwall’s name.

At court, the collector could not say why that happened. The collector lost the lawsuit, and Ms. Dingwall countersued them for violating the Fair Debt Collection and Practices Act for going after her for a debt that she did not owe.

How To Stop Collection Calls

As the above story illustrates, consumers have rights when it comes to debt collection. Debt collectors must abide by specific laws. If they violate a debtor’s right, they could be sued in court for FDCPA violations.

The attorney in the above case told Fox News that most consumers don’t know how to stop collection calls because they don’t know the law. The collectors will go to extreme lengths to bully consumers into paying money—sometimes even frivolously suing them.

Many consumers lose against the debt collectors because they don’t even appear for their court date. However, debtors have rights. The FDCPA Laws state that debt collectors cannot harass, threaten, bully, humiliate or oppress debtors.

Here are some of the things that debt collectors cannot do when attempting to collect a debt:

  • Harassing you –  Debt collectors cannot repeatedly call you.  They cannot threaten violence or use obscene or abusive language.
  • Threatening to arrest you if you do not pay the debt.
  • Attempting to collect a debt that you do not owe.
  • Calling you before 8 AM or after 9 PM.
  • Threatening to harm you in some way if you don’t pay.
  • Continuing to call you after you tell them in writing to stop.
  • Calling you at work once you have told them that you cannot take calls at work.
  • Calling you directly if you are represented by an attorney.
  • Lying to you or deceiving you in some way. For example, telling you that they are a police officer.
  • Threatening to report false information on your credit report.
  • Threatening to sue you if they don’t have any intention of doing so.

Dealing With Debt Collectors

Do debt collectors keep calling you? Are you wondering what you can do? If you have fallen victim to a debt collector that is using harassment calls or threats to intimidate you into paying, there are things that you can do to put an end to the bullying.  

  • Understand your rights – You have important rights under state and federal laws. It is essential to talk to an FDCPA lawyer if you do believe that you are being harassed by a creditor. An attorney can help you understand your legal rights.
  • Don’t ignore the calls – Your first thought might be to ignore debt collectors if they are calling day and night. However, that won’t make the problem go away.
  • Ask them to verify the debt – If you don’t believe that the debt is yours, ask the collector to send you written verification of the debt. They are required to do this per federal guidelines.
  • Write a letter – Send a written letter telling the collector to stop calling you. After you send the letter, the collector must stop calling you. This will not make the debt go away, but it will keep the collector from harassing you over it.

Talk to an FDCPA Lawyer Today – Stop Debt Collector Calls

If you are being harassed or threatened over a debt, talk to an FDCPA lawyer today. At Consumer Center for Resources, we connect people to attorneys for legal advice.

Call us at (818) 697-4295 to be connected to an FDCPA lawyer today. The consultation is FREE!

Filed Under: Debt Collection Abuse Tagged With: debt collection abuse, fdcpa lawyer, stop debt collector calls

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