stop phone calls from creditors

Consumer advocate and credit expert Bud Hibbs has a website on debt collectors that includes a list of collection agencies to avoid. You might also try a google search on the debt collector. Speaking with an experienced attorney that handles debt collection matters for consumers also can be very helpful. California residents can contact my office. Residents outside California can find an attorney through the National Association of Consumer Advocates. The bottom line: if the debt collector does not actually intend to sue, or intend to sue in the threatened time frame, the debt collector is in violation of the FDCPA. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Courts have held that it is unfair. Deceptive for a debt collector to threaten to file a time-barred debt. In California, most debts are outside the statute of limitations four years after the debtor became delinquent.

However, any payment at all within that four year period may start a NEW four year period, and a written agreement to pay the debt after the statute of limitations has expired may start a new four year period on the new agreement. Thus, consumer-debtors should proceed with extreme caution if a debt collector tries to induce a payment on the debt. The bottom line regarding a debt collector's threats to file a lawsuit is that it may not do so if it does not actually intend to file the lawsuit in the manner and time period threatened, and they may not do so if the debt is actually barred by the statute of limitations. There may be other limitations as well (for example, threatening to file the suit in a manner that overshadows a consumer's right to dispute the validity of the debt), as this is not meant to be a comprehensive article. Researching the debt collector and consulting with a consumer attorney would be prudent in any situation where suit is being threatened.

A frequent inquiry received by my office involves the question of whether a debt collector can threaten to sue a consumer (alleged debtor) over a debt. The answer is yes, with limitations. From the federal Fair Debt Collection Practices Act (aka "FDCPA"), 15 U.S.C. 5) The threat to take any action that cannot legally be taken or that is not intended to be taken. When a debt collector threatens to sue, it is difficult for a consumer to know whether the debt collector actually intends to follow through on its threat. Examples of circumstances that tend to make the threat suspicious include: the debt is relatively small; the debt is disputed; or the debt collector has infrequently filed collection lawsuits in the past, or even not at all. Researching the specific debt collector is a good place to start.

Ask that they stop calling and/or writing to you. You have the write to send a letter to the collection agency. Ask that they stop calling and/or writing to you. You should send this letter return receipt requested and any call or letter after the date signed on the green card, is a violation of the law whether that communication is in writing or telephonic. They can be sued for this violation. 7. The collection agency cannot even imply that they have the support of the local police or any police. They can be sued for this. 8. The collection agency can’t make repeated nor excessive phone calls. They can be sued for this. 9. The collection agency can’t contact friends or relatives about you debt. They can ask friends or relatives for your address but they can’t discuss anything about your debt or why they are calling.

Can I sue a debt collector or collection agency? Answer: Yes, you can sue either a debt collector or a creditor for violating your rights under the law. There are 4 laws which govern the conduct of a debt collector OR creditor when collecting a debt. If a debtor collector or a creditor violates these laws, the collector or creditor can be sued. FIRST DEBT COLLECTION LAW: There’s a federal law called FDCPA or the Federal Debt Collection Practices Act. The law can be found at 15 United States Code 1692, et seq. THIS LAW ONLY PERTAINS TO DEBT COLLECTORS FOR CONSUMER DEBT. DEBT COLLECTORS WORK FOR THE CREDITOR. CREDITORS CAN’T BE SUED UNDER THIS LAW COMMERCIAL DEBT DOES NOT APPLY TO THIS LAW. The violation of this law calls for a maximum recovery of $1,000, plus attorney fees. SECOND DEBT COLLECTION LAW: There’s the TCPA or Telephone Consumer Protection Act. This law can be found at 47 United States Code 227. THIS LAW APPLIES TO BOTH DEBT COLLECTORS AND CREDITORS. If a bill collector or creditor calls you on your cell phone to collect a debt, and you haven’t given them permission to call you, this is a violation of the TCPA even if you don’t talk to anyone. This violation is penalized at $500 to $1,500.

Our Law Office will put an end to creditor harassment permanently. If you’re tired of the collection calls and collection agents are harassing you at work or home, you’re not alone. Once your case is in our hands, they’ll have no option but to leave you alone or else be fined up to $1500 which will be cash in your pocket. Many people who are in debt and have difficulties making payments, experience creditor harassment on a daily basis but with our help, it can be stopped. The following are some of the common questions you may be asking yourself of which we will answer for you. Note each case is different but when it comes to the law under the Fair Debt Collection Practices Act (FDCPA) harassing collection debt laws are against the law and you can be compensated.

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stop phone calls from creditors