Tips To Stop Debt Harassment

Despite the presence of state and federal legislation against abusive debt collection practices, unethical debt collectors continue to try to skirt the law. The Fair Debt Collection Practices Act (FDCPA) lays out what debt collectors can and cannot do; and the burden is on the person being harassed to show what the debt collector has done (and to stand up for their rights when dealing with the debt collector).Usually, a debt collector tries to call first, often early in the morning at first; if these calls are missed or ignored, they’ll call instead in the afternoons, evenings, and weekends.

Within five days of their first communication regarding the debt, the debt collection has to provide, in writing, several pieces of information: the amount of the debt; the name of the creditor to whom the debt is owed; a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, the debt will be assumed to be valid; a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt is disputed, the debt collector will obtain verification of the debt and a copy of such verification will be mailed to the consumer by the debt collector; and a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.Debt collectors usually aren’t forthcoming; you may well have to request that they send you all that information. And, if you request information regarding the original creditor or make a statement that you are disputing the debt, the debt collector must stop attempting to collect on the debt until the information is provided. If you get a call from a debt collector regarding a debt you may (or may not) owe, make sure you document what’s said—write down or record all their information and everything they say.If they don’t (or can’t) provide the afore-mentioned requirements, ask them for it, then wait five days for a written document covering these items. If the collection agency fails to provide this information, you’ve got the beginnings of a FDCPA case against them. The FDCPA also outlines how debt collectors must conduct themselves; when they can call, what language and comportment is required, and who they can and cannot contact regarding an individual’s debt. If a collection agency has harassed you, you may be entitled to money damages up to $1,000.00, based on the FDCPA, which has been around for almost 35 years.The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Plus, the FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs. Founding attorney, Michael Agruss, has settled over 1,500 debt collection harassment cases. We want to help you, too.