The law protects you from harassment and unfair treatment by debt collectors. If a debt collector is harassing you or using unfair practices, you can take action.
Here are some things you should know about your rights when it comes to debt collection:
Debt collectors are not allowed to harass you. They cannot use threats, obscenities, or repeated calls to annoy or harass you.
Debt collectors are not allowed to lie to you. They cannot falsely claim to be attorneys or government representatives. They also cannot tell you that you have committed a crime, or that you will be arrested if you don’t pay your debt.
Debt collectors are not allowed to use unfair practices. This means they cannot try to collect more money than you actually owe, or charge you fees that are not allowed by law. They also cannot threaten to take your property unless they actually intend to do so.
If a debt collector is violating your rights, you can take action. You can file a complaint with the Consumer Financial Protection Bureau or your state’s attorney general. You can also sue the debt collector in court.
How to file a complaint?
If you think a debt collector has violated the law, you can file a complaint with the Consumer Financial Protection Bureau. You can also sue the debt collector in court.
What should I do if I’m being harassed by a debt collector?
If you’re being harassed by a debt collector, there are several things you can do:
Ask the debt collector to stop contacting you. You can do this verbally or in writing. Once you’ve made this request, the debt collector can only contact you to say that they’ll stop contacting you, or to notify you of specific actions they’re taking, like filing a lawsuit.
Block the debt collector’s calls. If you tell the debt collector that they’re not allowed to call you, they can only contact you in writing.
What should I do if the debt collector sues me?
If the debt collector sues you, it’s important to respond to the lawsuit. If you don’t respond, the debt collector may get a default judgment against you. This means that the debt collector can take action to collect the money you owe, like garnishing your wages or putting a lien on your property.
If you’re being sued by a debt collector, there are several things you can do:
Respond to the lawsuit. You should respond to the lawsuit as soon as possible. Once you’ve responded, the debt collector can’t take any action to collect the debt without going through the court process.
File an answer. An answer is a legal document that responds to the allegations in the debt collector’s complaint. You should file your answer with the court and send a copy to the debt collector.
Raise defenses. There are several defenses you can raise if you think the debt collector doesn’t have a case against you but it’s best to contact Law Offices of Mark L. Miller. For example, you can argue that the statute of limitations has expired, or that you don’t owe the debt because it’s been paid off, discharged in bankruptcy, or forgiven.
What should I do if I win my lawsuit against the debt collector?
If you win your lawsuit against the debt collector, the court may order the debt collector to pay your attorneys’ fees and court costs. The court may also order the debt collector to stop harassing you or using unfair practices.
You should know that there are some debts that collectors are not allowed to collect from you. These include child support payments, taxes, and student loans. If a debt collector is trying to collect one of these debts from you, you can tell them to stop.
You also have the right to request information about your debt. If you are unsure if a debt is actually yours, you can ask the collector to send you proof of the debt. Once you receive this proof, you can decide whether or not you want to pay the debt.
If you are having trouble with a debt collector, you can also contact your state’s attorney general or the Consumer Financial Protection Bureau for help.