How to Stop Collection Calls and Letters
Are you dealing with harassment from debt collectors? The federal Fair Debt Collection Practices Act sets out various rules and standards that debt collectors must follow.
- Collection letters. The FDCPA requires that debt collectors include the exact amount of your debt and the identity of the entity that owns your debt. Also, the Act prohibits false or deceptive statements in the letters. A debt collector must send a letter within five days of contacting a debtor that includes the amount of money owed by the debtor, the name of the creditor, and the notice that they have thirty days to contest the debt if they believe it is in error.
- Harassment. The FDCPA prohibits a debt collector from threatening a debtor with bodily harm, using profane language, and making any false statements that they will pursue the debtor in court.
- Repeated calls/Calls at inopportune times. A debt collector may not call you before 8:00 in the morning and after 9:00 at night.
- Communication with third parties. A debt collector cannot generally communicate with a third party concerning your debt.
- Credit reporting agency. If the debt collector reports that you owe a debt and you do not, you can challenge the report with the credit reporting agency. The debt collector then must prove that you owe the debt.
If the debt collector violates the FDCPA in any way, you can sue them for damages. Consumer Attorneys has successfully handled many of these cases and gotten compensation for our clients. Please contact us if you are facing harassment from a debt collector.
Sue debt collector for harassment
As of November 2020, Americans’ consumer debt is at $14.2 trillion, with the average person carrying a debt of $92,727.
The Fair Debt Collection Practices Act was enacted in 1977 to prohibit debt collectors from harassing, oppressing, or abusing you. This includes harassment over credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts. However, business debts are not covered.
Harassment by a debt collector can occur by repeated phone calls that are
- Annoying and abusive
- Threatening violence; and
- Filled with obscene language
The phone calls might even be made without the debt collectors saying who is calling. And the calls must be made at certain hours and not at your place of work unless you explicitly agree to be contacted there.
Aside from phone calls, a debt collector may wrongfully publish lists of people who refuse to pay off their debts. You could be included on one of these lists. The FDCPA also prohibits debt collectors from using false, deceptive, or misleading practices, including:
- Claiming you owe the incorrect amount
- Wrongfully representing themselves as an attorney
- Threatening to have you arrested
Associated lawyers of Consumer Attorneys can sue abusive debt collectors for violations of the Fair Debt Collection Practices Act. If you win, the debt collector generally must pay you damages and attorney’s fees, so there won’t be any out-of-pocket costs for you.
To ensure your success in court, please keep a file of all of the documents sent to you by the debt collector. You should also keep a record of all your conversations with the debt collector, as well as copies of all of the letters you send to the debt collector. You should always send your letters to the collectors by certified mail with a return receipt.
Defend yourself from debt collection harassment. For a free consultation, contact us!
