Owing a Debt But Being Harassed
Are you behind on your bills? Like most people you want to pay back your debt, but you can’t. It could be because you lost a job, are getting divorced, you need to pay the mechanic, you are disabled or you are spread too thin. You need more time, but the debt collectors won’t leave you alone. They call you non-stop and maybe have called your family, neighbors and friends. They make many threats. If any of this has happened to you, contact us for a Free Case Review.
Disputing The Debt
By law you can dispute debt you are being asked to pay and ask for proof. Do this in writing. If you aren’t satisfied with the proof you received then you can write to the debt collector telling them you refuse to pay the debt or not to contact you. Contact us for a Free Case Review.
Wrong Party Collection
Are you being contacted for a debt that you don’t owe? The first step in wrong party collection is to figure out whether you are a victim of identity theft , whether you are being mixed with someone else or whether your phone number is associated with someone else that owes a debt. Whatever the case, you can dispute the debt and/or request no contact. Contact us for a Free Case Review.
Request No Contact
The law says that if you inform a debt collector in writing that you request no contact or refuse to pay a debt that they have to end all contact. You may have already done this verbally, but follow up that request in writing too.
Cell Phone Calls – Robo Calls or Automatic Dialer Calls
By law no one can call your cell phone using a pre-recorded voice or using an automatic dialer without your consent. The Telephone Consumer Protection Act gives you this protection. If you have given your permission to call your cell phone you can still revoke it. It is best to do it in writing, but you can also request it orally. If the debt collector lacks consent they can be liable for $500 per call, or trebled if willful.
A repo man cannot break into your home or garage to get the car. A repo man and collectors must obey all debt collection laws. Contact us if your car has been repossessed.
How to Help Your Case
- Write everything down. Write down the contents of each telephone call, the time and date of each call.
- Save every voicemail from a debt collector or creditor.
- Keep all mail you receive, notes and letters you send.
- Send everything certified mail return receipt requested.
Our office files lawsuits on a contingency fee basis so you don’t pay our fees and costs unless there is a recovery. Under the Fair Debt Collection Practices Act and other consumer laws, a successful plaintiff can obtain their fees and costs. Contact us.
Fair Debt Collection Laws
Under the law it doesn’t matter whether you owe the debt or not. The law was created because Congress found that abusive debt collection practices cause marital instability, job loss and invasions of privacy. Below are common abuses that our office has represented and advised consumers on.
Calls To Work
A collector can’t call you at work if they know your employer prohibits it or it is inconvenient for you.
Calls to Family, Neighbors and Friends
A collector may not contact your family, neighbors or friends and tell them about your debt. Any threats to do this are illegal.
Repeated Phone Calls
A collector can’t make repeated and continuous phone calls. Or, make annoying, harassing and abusive phone calls.
A collector cannot threaten any action it doesn’t intend to take like threatening a lawsuit, to have your wages garnished or put a lien on your home. A collector can’t threaten to have you arrested.
A collector can’t call you if it is inconvenient for you or call you before 8 a.m., or after 9 p.m.
Refuse to Pay or Cease Communication
If you write to a collector that you refuse to pay a debt or you demand it ceases communication then it must stop all contact. Also, if a collector knows an attorney represents you they must cease all contact.
False, Deceptive, or Misleading Statements
Simply put a collector cannot make a false, deceptive or misleading statement in trying to collect a debt.
A collector cannot use unfair practices to collect a debt such as trying to collect an amount not authorized by contract or permitted by law or taking or threatening to unlawfully repossess your property.