Debt Collection Abuse
Victim of Abusive Debt Collection Practices?
Harassing letters? Threatening phone calls? Abusive letters? Misleading phone calls or letters? Deceptive practices?
Send us your letters. Tell us about your calls.
Whether the debt is owed or not. We may be able to help you.
UUnlawful Collection Practices Checklist
- Calls after 9:00 p.m. or before 8:00 a.m., without your consent
- Use of foul or obsence language
- Misleading or exaggerated collection letters
- Continued collection efforts, after you have written for them to stop
- Collect telephone calls, without stating the purpose of the call
- Contact at work, if prohibited by your employer
- Threats or use of force or violence
- Collector's contact with anyone other than yourself about your debt
- Falsely accused of criminal activity or that you will be arrested
- Received papers which appear to be court papers
- Misrepresented amount of debt or added unauthorized charges
- Threat of a lawsuit, or an action that the collector does not intend to take
- Threat of wage garnishment
(Pennsylvania and some other states do not allow this.)
Protection from Harassing Debt Collectors.
The Fair Debt Collection Practices Act (FDCPA) is federal law which states how a collector may approach someone in the collection of consumer debt. Consumer debt includes car loans, hospital and medical bills, credit cards, mortgages or household loans and other consumer obligations.
If a collector, violates this law...
the consumer has the right to pursue legal action,
whether the debt is owed or not.
The law does not forgive legitimate debts, but it does prohibit debt collectors from using unlawful tactics with consumers.
Victims of Abusive Debt Collection Practices Have the RIGHT
within one year of the violation, to:
- Consumers can pursue a legal action against the collector for any violation of this act. Damages, up to $1,000 plus any proven losses, can be awarded in these cases. Attorney fees and court costs will be paid by the collector.
- Request that a collector stop contact by sending a Cease & Desist Letter. Maintain a copy of this letter for your files. Send the letter to the collection by Certified Mail, return receipt requested. If a collector continues contact with you after receipt of this letter, you have the right to pursue legal action.
- Request that the collector contact ONLY your attorney; confirm this request
IN WRITING by Certified Mail, return receipt requested. If a collector
continues contact with you, you have the right to pursue legal action.
TIPS for the "VICTIM"
- Contact Cary L. Flitter, Esq., "Advoacte for the Consumer"
Send copies of all collection letters and documentation of phone calls or contact from the collector.
- Document all contact from the collector
Whether by phone, mail or in person, IMMEDIATELY write down the date, time, collector's name and agency, and content of the conversation. Also, note the name of any witnesses. See Sample Collection Call Log
- Keep ALL paperwork
Letters from collectors, letters from creditors, sales receipts, cancelled checks, invoices, and all other materials related to the debt.
- Request copy of your Credit Report from one, or all three, credit bureaus:
