The first thing I would tell you to do is if you think a debt collector has violated the law, is pick up the phone and call an attorney who knows the field. It is challenging for the average person being to reach out to a collection agency in the first place, never-the-less call them and accuse them of breaking the law. They might try to manipulate you into paying them in spite of the agencies misdeeds. Pick up the phone and call someone. Most people in the field do not charge for a consultation, and I guarantee I’m one of those people. I’m happy to help anyone who’s struggling. No matter what is happening, there is almost always a way of helping you.
I caution anyone from deciding that something is a violation of law or inappropriate collection by looking at newspapers and articles because every case and situation is different. Even different courts within the same State will handle cases differently. It’s essential to reach out to someone who knows what they’re doing.
What Information Do Creditors Have To Share With Me About My Debt When Contacting Me?
Upon initial communication, they must tell you who they are, who they collect for, show a balance, and give you your rights. There’s a little sentence that goes must be said on every call and must appear on every collection notice. Attorneys call the notice a “Mini-Miranda” disclosure. It informs a consumer that the call is from a debt collector, that they are calling to collect a debt, and that any information revealed in the call will be used to collect that debt. The disclosure must also be included in written correspondence with consumers, such as a collection letter. This important provision is required by the Fair Debt Collection Practices Act to prevent debt collectors from calling under false pretenses and gaining information from consumers that can later be used against them. If your debt is old, there’s additional language added to that which discusses the statute of limitations information. They have to give you 30 days to dispute a Debt, and that has to be included in the first communication. If you dispute the debt, they must answer by providing verification of the debt.
If a debt is still disputed after the verification, collect the letters, verification and a copy of your dispute and contact an attorney for assistance. You have rights, and it is always a good idea to make sure your rights are not violated.
What Can I Do To Stop Collection Attempts? Should I File A Lawsuit Right Away?
The easiest thing to stop a collection attempt would be to pay it. Wouldn’t that be nice if we all could? I do everything regarding collectors in writing. Telephone calls tend to be a waste of time, but you can write them a letter disputing it. It goes in your credit report as being disputed too. Then you need to consider a few things such as, do you owe this debt, is the balance correct, and can you afford to pay the debt. These are all question to think through before one can answer the question of what to do. There is no easy answer. You can pay it, negotiate a settlement, do a debt consolidation, ignore it, or depending on your circumstances, you might want to file a bankruptcy. Use caution when making decisions. Talk to someone who knows all the options. This is crucial, because every one of those options has benefits alongside negative impacts. If you choose the wrong option, you can be causing yourself more harm than good. Debt relief in any format has risks. Make sure you are in a position to say you made your choices with your eyes wide open.
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