What not to do when harassed by debt collectors
Date: Mon, 02/05/2007 - 20:16
1. threatens to have you arrested
2. threatens to garnish your wages
3. threatens to put a lien on your home, car, etc.
4. uses foul language
5. attempts to intimidate you
6. demands your banking information
7. makes repeated calls to your home or place of employment
8. claims to be a lawyer
9. breaks any other federal or state law in attempting to collect a debt
DO NOT BUCKLE UNDER AND PAY THE DEBT WITHOUT KNOWING IT IS YOUR VALID DEBT.
In my experience, the more a collector tries to harass and intimidate you, the more likely the debt is not yours or the debt is beyond the statute of limitations.
Furthermore, don't believe everyone who claims you owe them money. Make them prove it, and watch out for scammers who want your banking information so they can drain your bank account. It is easier to take your time to verify the account than to get your money back.
Word. All excellent statements. All 9 things listed violate the
Word. All excellent statements. All 9 things listed violate the fdcpa.
Don't know or care who he/she is but I'm damn glad to see this!
Don't know or care who he/she is but I'm damn glad to see this!
ok, was gonna say something & forgot what it was......
ok, was gonna say something & forgot what it was......
*chuckle*
If I sent a cease and desist on contacting me by phone......
Can they continue to call? I sent a letter (certified return receipt) 3 weeks ago, and got a call last night (they left message).
I thought they had to stop calls if demanded in writing.
No?
If so, what are my options?
Thanks!
The cease and desist rule got violated the moment the call was d
The cease and desist rule got violated the moment the call was done. Verify your state laws and get a recording to use in legal terms. You have a case against the collection company for every violation of the fdcpa and get compensated for the damages (up to $1000). Get more knowledge about your FDCPA29 rights in the Federal Trade Commission website.
The debt collectors who violate the collection laws do so becaus
The debt collectors who violate the collection laws do so because they count on you not knowing your rights. The more you know about your rights, the easier it is to stop CA's from violating the laws meant to protect you.
Damages for violations can vary. Under some state laws, you may be able to recover more than under the fdcpa. Remember, when you have a claim against a CA and its debt collector for violations of the collection laws, it does not matter whether you owe the debt or not. The issue is whether they broke the law. They may have a right to attempt to collect, but you have the right to assert your claims for their violations.
This is a good post! Thanks texas lawyer :-) I have one CA on
This is a good post! Thanks texas lawyer :-) I have one CA on six violations so far.
It is very important to know the FDCPA41 AND your STATE laws. I
It is very important to know the FDCPA41 AND your STATE laws. I think many CA's who knowingly violate the fdcpa do so because it pays. Even if they get caught once in a while, overall their illegal conduct results in $$ profits $$. What many CA's do not know (or choose to ignore) is that STATE laws can have more limitations on CA's and harsher penalties for their illegal conduct. My bullet point list of violations in Texas alone fills 4 pages.
If you want peace of mind so you can focus on getting out of debt, Know Your Rights and Assert Them.