Rules of Debt Collection – Don’t Let ‘Em Walk All Over You!

Fdcpa cover page In this tough economy, more and more people are finding themselves with debt problems. And things gets worse when debt collectors get aggressive. Everyone should know their rights – what is considered “fair debt collection” as defined by the Federal Fair Debt Collection Practices Act, or FDCPA.

FDCPA prohibits debt collectors from being abusive. Note that FDCPA regulates debt collectors who work for collection agencies and does not cover debt collectors who work for the original creditor (the company that originally lent you the money).

We’d like to think that most bill collectors act professionally and follow the law when contacting you. However there are some overeager ones who go too far.

Here’s What Debt Collectors CANNOT DO

 Nasty debt collector Misinformation Debtor's prison

1.    CAN’T call you repeatedly or at an unreasonable time (before 8 a.m. or after 9 p.m.)

2.    CAN’T use obscenity, profanity or threaten violence.

3.    CAN’T call you without identifying themselves as bill collectors.

4.    CAN’T call you at work if your employer doesn’t allow it.

5.    CAN’T claim to be an attorney if they are not!

6.    CAN’T claim you owe more money than you actually do.

7.    CAN’T tell you that you’ll go to jail or that your property will be seized.  Remember, there is no such thing as Debtor's Prison.

8.    CAN’T add unauthorized interest, fees or charges.

9.    CAN’T call third parties EXCEPT your attorney, a credit bureau or the original creditor to find your whereabouts. And unless you have asked the debt collector in writing to stop contacting you (more on this below), they can also contact your spouse, your parents (if you are a minor) and co-debtors.

If a Debt Collector Violates the FDCPA Rules, Here’s What YOU CAN DO

1.    Demand they Stop: under FDCPA rules, you can write to the collection agency to tell them to stop all Say no to debt collection calls communications with you. After that, they cannot contact you for any reasons except to tell you that collection efforts have ended or that they intend to sue you.

2.    Document their Violations: start a log; write down what happened, when and who witnessed it. It’s not a bad idea to have another person present or on the phone during future communications with the collector. Thinking about recording the phone conversations? – be careful as it is illegal in some states, such as California, to record phone conversations without the knowledge of the other person.

3.    File a Complaint with the Federal Trade Commission: the FTC oversees collections agencies. https://www.ftccomplaintassistant.gov/. Include the collection agency’s name, address, name of the collector, dates and times of conversations, names of any witnesses, include copies of all offending letters you receive, and a copy of any offending voicemails or messages.

Ftc-complaint-logo

Send the complaint to state agencies. Send a copy of your complaint to the state agency that regulates collection agencies for the state where the agency is located. To find the agency, call information in that state's capital city or check the state's website.

Send the complaint to the creditor and collection agency. Finally, send a copy of the FTC complaint to the original creditor and the collection agency. The original creditor may be concerned about its own liability and offer to cancel the debt.

Judge's gavel4.    SUE THE DEBT COLLECTOR: If there are repeated violations and you can document them, then suing may be a good idea. But if the violations were merely annoying, don’t waste your time. For example, if the collector called you three times in one day, but never again, you don’t have a case.

You can sue in Small Claims Court or hire a lawyer. If you win, the other side may be required to pay your attorney’s fees and/or court costs.

Questions? Concerns?

For a Free Consultation please contact Attorney Lowell Steiger immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect and Understanding That You Deserve"  


*Since
my law practice is based in California, I'm addressing California law.
 Your state's laws may vary so please consult an attorney for
clarification of your state's law as it applies to you!

2 comments

  1. Great post ! in time of economic crisis and market depression , government take steps in stability and liquidity maintenance .We are budget deficit and trade deficit ,focus should be on the export and imports with proper inflow and outflow management .

  2. Barbara on

    Note, Description: Hi My name is Barbara, I received a call from a man saying his name was Jason then Ryan. It is the same man who calls my work 30 times a day. I have kept kept a journal of all the calls. He said in the beginning that I owed a pay day loan and he is with the criminal division. I asked for his information, what is the name of your company?. He says why do I need that info?, he says you owe us money and we are going to call until you pay. I say stop calling me at work, i cannot receive personal calls here. he keeps calling & talked to my boss the owner & said pay Barbara's debt. I keep saying stop calling, who are you?.. I have started recording the calls since they are getting worse and he is yelling and calling me the B-word. He is calling & if I am not in he tells by boss to f-off . I dont know who he is except his cell line is based in Los Angeles Ca. The calls come in & dont stop. 2/2/2010 he told me he is going to come to my work, kidnap me and rape me then kill me. I contacted the Sheriff Dept. I am filing criminal stalking charges. The Sheriff dept said it is a Company number for a Pay Day Loan Collection Company. My daughter cried last night as she heard the recording while playing games on my cell. I want something done, I am scared. I cry easily as I feel he is coming for me. I worry as I am a mother of 2 daughters and he has my address & I dont know what to do. Please please help me