How To Deal With Debt Collector Harassment

Debt collectors routinely violate the consumer protection laws that are in place that prohibit debt collection harassment and abuse. They routinely violate the laws because  they know they will collect more money from consumers by doing so. Debt collectors also know that most consumers do not know or understand the laws that are in place to protect them, or believe if the consumer did know about these laws, that they lack the resources to fight back.

The Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. §1692 et seq.) prohibits debt collectors from engaging in a wide range of abusive and harassing conduct. There are many things that a debt collector often does or fails to do that violate the FDCPA.

Here are some common FDCPA violations perpetrated by debt collectors:

  1. Contacting a debtor who is represented by an attorney.
  2. Failing to warn a debtor that the communication is from a debt collector and that any information obtained will be used to collect a debt.
  3. Failing to warn on all subsequent communications that they are from a debt collector.
  4. Calling the debtor an unreasonable number of times daily or after they have been instructed to stop calling.
  5. Using profane, foul, or obscene language.
  6. Making racial, religious, or sexual slurs.
  7. Yelling or screaming at the debtor.
  8. Engaging in name calling.
  9. Falsely threatening a lawsuit.
  10. Falsely threatening to ruin a debtor’s credit.
To see more FDCPA violation examples CLICK HERE

What Can I Do If I'm Being Harassed?

If you're being illegally harassed by a debt collector, you can get paid $1000.00 for statuary damages, and possibly more for actual damages. However, you will need to help the attorney prove your case by gathering evidence of the collection abuse.

If you want to sue a debt collector, you will need gather and organize all the information you can about the debt, as well as the collection efforts of any past or current collectors who contacted you. The past correspondence provides important information about the kinds of charges and interest that have been added to the debt.

If you have copies of your credit reports, you will need those also. The credit reports also contain historic information about the debt, including the time it was incurred, when it was defaulted, and who may have collected it previously.

If you have any notes about the debt or any taped conversations, threatening letters, or any communication whatsoever with the collector, these can be extremely valuable in reconstructing the collection efforts and any abuse.

Whenever you're contacted by a debt collector, you need to log the call and note the date, time, person who called and content of the call including any abusive language or threats. You should keep these notes together.

If you have any witnesses who can corroborate that you were abused, you should get a brief statement from that witness in their own words. These statements will help to refresh the witnesses' memories when you get to trial and provide information to your attorney.


It's 100% FREE To Sue A Debt Collector

Receive $1000.00 For Statutory Or More For Actual Damages!

For A Free Consultation Call 877-201-0613




 

Comments  

 
#12 Timothy Poe 2013-12-18 14:46
hey I was wondering, a finance company in my local area contacted me about my brother's debt through a social media site. Is there any legal action that can be taken toward this exchange?
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#11 deanta thomas 2013-06-18 12:29
I had one collector contact me on facebook and then after I made an agreement, I changed my mind and called him back. the line was busy for the rest of the day. i then left him a message saying i do not want any of my money pulled out of my account i will just send you the money in the mail. i both left a message and send a message on facebook. then he calls me today because he still tried to debit the amount and asks me " now you said that you can send me a payment every week and then you turn around (keyword) the next day." and then he said "now who does that ? " but the whole time they had my number and only called me once to tell me that since i am unemployed they will make an agreement to wait 30 days and then call me back to start back up my payments. but they never called until now with a debt collector. if you would like to see the conversation between me and the debt collector, i will send it to you just let me know
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#10 tracy 2013-06-04 13:48
From the laws back in 2012, as long as she is now currently your wife, and she verify's correct info about you, then yes they can tell her anything and everything (except in a few states)... Its the same thing if some one was to sue you, when someone brings the paper work to your house to "serve you", and your wife answers the door, as soon as they hand her the paper work YOU have been served. Even though the paper work was to you and not her...collections is tricky
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#9 casie 2013-05-01 18:13
if a debt collector calls and my spouse answers are they allowed to "attempt to collect a debt" with my spouse who is not obligated to the debt? this is a debt that was prior to dating my spouse and she was not aware of yet they just blabbed all my business to her and were even being rude. shouting, talking over her, "hard core" collecting against her and threatening to make a "final decision" if she didnt do anything about it.
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#8 bobby sams 2013-04-19 16:39
Quoting cathy newhouse:
caller states he is from the new york city police dept i must call athis attorneys number in 24 hours or the cops will be at my door to arrest me????

this is a scam ignore it, if they call back tell them you know this is a scam and the calls will stop
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#7 michael stahl 2013-04-13 14:09
Can I have a satisfied judgement removed from my credit report and how?
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#6 rsquirt 2013-02-15 16:57
i got a notice in the mail from the countyrecorder and judicial lien was recorded,that i never was served with the judgement entered ,the judgement claimed that was not in court,how ever i was in court and was served personally with anorther petitionto confirm ABITRATION AWARD OBTAINED WITH FRAUD .that a mouthpiece and or lawyer is out reach based on income,that a note was attached claiming that only the attorney can vacate the hemorhoid ?i have tried to rreason with the member oif the bar ,now he was trying to get another recorded also based on fabrication of an account,as for the court to be neutral i dont think so what is one to do ?
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#5 fuckdebtcollectors 2013-02-07 13:32
@EMS, I'm assuming you are a scumbag debt collector. Keep harassing people and you might end up in the same position as those over at Goldman Schwartz. Asshats like you are the reason society is what it is.
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#4 EMS 2013-01-16 04:42
@ Dawn, You could actually try talking to your fiancee and getting an attorney instead of making that crappy excuse.
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#3 Dawn Yarwood 2013-01-14 07:33
I have 2 separate collectors that I am having problems with. One calls on a daily basis and I told her I would call her after I talked to my fiance about out finances and she called again the next day and has kept calling since! I have not called her back because I wanted to consult and Attorney first. The other made me think they were an Attorney and sent me a letter that looks like it's from and Attorney or court and says the Creditor can take legal action such as filing a complaint, obtain a judgement or garnish wages. Not sure what to do?
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