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FAQ About Debt Collection Practices:
What laws are debt collection agencies subjected to?
There are two main laws that debt collection agencies must follow. The more prominent is the FDCPA. The other is Fair Credit Reporting Act wherein the collector should practice caution and accuracy in filling data in a debtor's credit report.
Can I tell to stop calling me?
Yes this can be done eve if you are alleged debtor and they should honor your wishes. Are we can request for legal letter to go out to stop all collection calls. And we will support a written letter with a request for return receipt.
I am an identity theft victim,I can't stop debt collectors calling me?
Yes once you send the debt collector documentary proof that are an identity theft victim, the debt collector should stop calling you. Provide the debtor collector a copy of the police report and an affidavit of fraud . An acknowledgement letter from concerned company stating that the debt is not tagged under your account will help prove to the debt collector that you are not the debtor they are trying contact. A side form ceasing and further contact will you, they should investigate the matter further and notify the creditor of the identity theft. You should also be give adequate information about the crime committed against you.
How should the debt collection communicate with debtor?
A debt collection agency commonly initiate contact via phone call. They should provide the following detail. Name of the caller, designation, collection agency, the creditor being represented and the amount of debt that you owe them. Within the next 5 days, the debt collector must send you a written letter will all above mentioned detail and also whatever you talked about during that initial phone call. There may be instances when you will receive a written letter prior to the call.
What if the debt collectors calls my family, friends and co-worker?
This is not allowed under the Fair debt collection practice Act unless they are merely trying to get information about where to contact you. They are not allowed to discuss the debt to someone else unless it is your authorized representative (lawyer) or your spouse. You can tell them to stop and if they don't Expert Legal Debt Consulting Services can file a complaint against the company.
How can I file a complaint against the debt collector?
Expert Legal Debt Counselor we file the complaint with the FTC regarding any violation done by the debt collector. This will be included in the complaints forwarded to congress every year. While your individual letter may not prompt them to take action, a compilation of complaints will. We will file another complaint with Attorney General (for state laws violated) and the Federal Trade commission (For Federal Laws violated e.g. Fair Debt Collection Practice Act.
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What if the debt mentioned is not mine?
If the debt is not yours, you can tell the collection agency while you are conversing and you should follow through with a written letter to reiterate that you do not owe that particular debt. Make sure you have a copy of that letter. Pay for return receipt as well. The collector should stop contacting you.
Am I allowed to ask for verification?
Yes after receiving the first written letter from the creditor, you can send your response through mail to request for verification of the debt. This should be done within 30 days after receiving the collector letter.
What can I do about threatening and rude calls?
Calls are harder to prove. But when collector start acting abusive, take down as much information as you can about the call. Get the name of the caller and how how they abused you. Expert Legal Debt Counselor send a legal letter requesting that all communication should continue through writing and they should stop calling you. Indicate in that letter the abusive behavior that prompted you to make that request. We will get a return letter on that request so you can have a copy of this particular correspondence. Then well will send letter complaint to the FTC.
Can the debt collect an amount that is higher than what I owe?
Under the Fair Debt Collection Practice Act this is not allowed. But check your individual state laws to check if collectors are allowed to put charges on top your debt.
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