When a client retains our office to handle their debt and other financial issues, we also set out to determine whether or not they may have been unfairly and improperly treated by a debt collector attempting to collect a debt.
You too can use the following guide to determine whether any debt collector attempting to collect a debt has violated the Fair Debt Collection Practice Act or “FDCPA.”
If you can answer yes to any of the following, then you may have a valid Fair Debt Collection Practice Act claim against a debt collector. Most credit card companies sent their unpaid debts to collection agencies.
PROPER COLLECTION PRACTICES ARE REQUIRED BY LAW
- Do you feel that you have been unreasonably harassed or been the victim of aggressive collection practices by a debt collector
- Has a debt collector contacted you at unreasonable times of the day (either before 8am or after 9pm)?
- You are entitled to receive verification of a debt within five days of a debt collector contacting you. Can you think of an attempt to collect a debt by a debt collector in which this has not been the case?
- Has a debt collector called a family member other than a spouse or parent? Has this occurred on more than one occasion?
- Has a debt collector called you at work on more than one occasion, and done so despite you asking them not to call you there?
- Has a debt collector used threatening or obscene language in their conversations with you?
- Has a debt collector falsely led you to believe that they have either commenced a lawsuit against you or that they were going to start a lawsuit against you?
- Has a debt collector provided inaccurate information to you about the status or nature of your debt? You are not required to pay more than you owe on a debt.
- Has anyone left you a voicemail seeking to collect a debt and in doing so failed to advise you that they were a debt collector and attempting to collect a debt?
- Has anyone attempting to collect a debt from you done so without informing you who they were, from where they were calling and for whom they were collecting the debt?
MOST COLLECTIONS VIOLATIONS INVOLVE CREDIT CARD DEBT
If any of these events has occurred to you, do not be afraid to take down the contact information from whomever it was you spoke to. Rest assured that debt collectors have certain rules by which they are to abide and if they fail to do so, you may be entitled to recover damages.
ONE REMEDY FOR COLLECTIONS VIOLATIONS IS DEBT ELIMINATION.
Here in Connecticut, we have been helping debtors and working to protect their rights since 1983. If you are in the state, call us at 203-23-2233 to speak to an experienced and caring debt relief and creditor harassment attorney. Otherwise, we urge you to seek experienced assistance in your home state for problems with aggressive collection tactics. Aggressive collection tactics can be overwhelming and it is why we suggest seeking the help of a creditor harassment attorney like the ones at The Law Offices of Neil Crane for assistance.