Handling your debt
You have rights
Dealing with creditors and debt collectors is not only difficult but seemingly impossible. It may even feel like they do not value your individual circumstances and are only interested in getting paid on the debt whether it is valid or not. What they don’t tell you is that you have rights when it comes to debt collection.
The Fair Debt Collection Practices Act (FDCPA) defines a debt as any obligation of a consumer to pay money arising out of a transaction primarily for personal, family or household purposes, including money you owe on a personal credit card account, an auto loan, a medical bill or your mortgage.
Pursuant to the FDCPA, a debt collector is someone who regularly collects debts owed to others. Including: collections agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Absolutely. Upon request, debt collectors must send a written “validation notice” advising of how much money is owed, the name of the original creditor, and how the consumer should proceed if they do not believe the debt is valid. The validation notice must be sent within five days after first contacting the consumer.
No. There are limitations on when and how debt collectors may contact you.
- Unless you agree to it, debt collectors can not contact you at inconvenient times or places, i.e. before 8 a.m. or after 9 p.m.
- They are not allowed to contact you at your work if you aren’t allowed to get calls at work. They can however, contact your employer to verify your contact information but they cannot tell your employer that you owe a debt.
- A debt collector can contact people other than you but only to verify contact information, they cannot tell anyone that you owe a debt.
- If you are represented by an attorney the debt collector must contact the attorney and stop contacting you.
Fair Debt Collection Practices Act
The FDCPA prohibits debt collectors from engaging in abusive, unfair or deceptive practices when attempting to collect a debt.
- use threats of violence or harm
- publish a list of names of people who refuse to pay their debts
- use obscene or profane language, or repeatedly use the phone to annoy someone
- falsely claim that they are attorneys or government representatives
- falsely claim that you have committed a crime
- falsely represent that they operate or work for a credit reporting company
- misrepresent the amount you owe
- indicate that papers they send to you are legal forms if they aren’t
- indicate that papers they send to you aren’t legal forms if they are
- saying you will be arrested if you don’t pay your debt
- saying that they will seize, garnish or attach your wages, or sell your property unless they are permitted by law to take the action and intend to do so
- saying that legal action will be taken against you, if doing so would be illegal or if they don’t intend to take action
- giving false credit information about you to anyone, including a credit reporting company
- sending you anything that looks like an official document from a court or government agency if it isn’t
- using a false company name
- try to collect any interest, fee, or other charge in addition to any amount that you allegedly owe unless the contract or state law allows the charge
- deposit a postdated check early
- take or threaten your property unless it can be done legally
- contact you by postcard
It is time to take action
It is important to try and resolve matters sooner than later. If the outstanding debts are ignored, the debt collector may seek legal intervention and file a complaint in the Superior Court. If the complaint goes unanswered a default judgment will be entered against you bringing the debt collector one step closer to being able to utilize lawful collection efforts, including but not limited to entering a state wide lien on your property, placing a levy on your bank accounts, garnishment of wages, and suspension of your driver’s license.
Our firm has handled many debt negotiation cases with great results for our clients.
Contact us today to get your free consultation and let us put our experience to work for you.
our professional services Include:
- Sending a letter of representation to the debt collector to advise that any further communication will be with our office
- Demanding that the debt collector verify the debt
- Demanding any evidence that the debt collector may have to demonstrate that you actually incurred the debt
- Working with you to figure out what plan of action best suits your situation
We are ready to enforce your rights and help resolve your debts
Take the first step and contact us today for you consultation.