State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest and unfair debt collection practices.
How do I know if my rights have been violated?
Most people don't know that there are laws in place to keep debt collectors in line. A few of those laws are just basic human courtesy.
DEBT COLLECTORS CAN'T HARASS OR ABUSE YOU
Use threats of violence or harm
Use obscene or profane language
Repeatedly use the phone to annoy someone
Call outside of the hours of 8:00 a.m. to 9:00 p.m. local time.
DEBT COLLECTORS HAVE TO BE HONEST
Cannot falsely claim that they are attorneys or government representatives
Cannot falselyclaim that you have committed a crime
Cannot falsely represent that they operate or work for a credit reporting company
Cannot falsely represent that you owe a debt that you don't
Cannot misrepresent the amount you owe
Cannot indicate that papers they send you are legal forms if they aren’t
Cannot indicate that papers they send to you aren’t legal forms if they are
DEBT COLLECTORS CANT MAKE FALSE THREATS
You will be arrested if you don’t pay your debt
They’ll seize, garnish, attach, or sell your property or wages if they have no legal right or don't intend to do so
Legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action
Take or threaten to take your property unless it can be done legally
DEBT COLLECTORS MUST BE FAIR
Cannot try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt (or your state law) allows the charge
Cannot deposit a post-dated check early
Cannot contact you by postcard
Cannot send you anything that looks like an official document from a court or government agency if it isn’t
Cannot use a false company name
LAWS RESTRICT WHO DEBT COLLECTORS CAN TALK TO
The debt collector may not discuss your debt with anyone other than you, your spouse, or your attorney, except to find out your address, your home phone number, and where you work
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you
If a collector knows you may not receive calls at work, the collector may not call you at work
KNOW YOUR RIGHTS
The Fair Debt Collection Practices Act, or FDCPA, is a Federal law that provides relief for consumers from debt collector harassment. The FDCPA mainly applies to collection agencies, collection lawyers and “debt buyers” (someone other than the original creditor). It prohibits debt collector harassment in many forms, such as excessive phone calls, obscene or abusive language, false or misleading statements, contacting your relatives or friends and contacting you at your place of employment. The other forms of debt collector harassment made illegal by the FDCPA are too many to list here, but click this link for more information about some common violations.
The FDCPA says that the debt collector has to pay your attorney fees. This means that we can help end the harassing conduct and annoying collection calls at no cost to you! The FDCPA also prohibits the debt collector from calling you again when you are represented by a lawyer and provides for damages against the debt collector’s violation of the law. The collection calls and letters stop, they have to pay you, and they have to pay our attorney fees. So what are you waiting for? Contact us by filling out our form for a free review of your debt collector harassment situation now.