What is a debt collector?
collector is a company that regularly engages in the collection
of debts for another. That means that the original creditor
is not a collector for purposes of this law. If a new
creditor buys the debt from your original creditor, that new
creditor can be deemed a debt
collector if they bought the debt after the account was already
in default. Any person or company that takes on collecting a
delinquent debt for the creditor is a debt collector.
What are your options when dealing with a debt
a call log – record the dates and times of calls, the names of
debt collectors, their phone number, and content of the
written dispute of the debt. If you received a letter from them
that advises you that you can seek validation of the debt within 30
days, then do just that. Seek validation and hold the debt
collector responsible for providing you proof of what you owe.
- If you are outside of that 30 day period, that does not prevent
you from disputing the debt. You can still dispute it in writing.
If you do, that triggers a requirement of the debt collector to
make note of that dispute if they ever report the debt to a credit
- Send a
letter to the debt collector that you wish for them to “cease
and desist all communications” OR, if you disagree that you owe
this debt, it’s not yours, and you refuse to pay it, send a letter
to the debt collector advising them that you “refuse to pay” this
debt. If a debt collector calls you or tries to communicate with
you after sending a letter to cease and desist or refuse to pay,
contact us for a free case review.
Do you speak with the collector and if not, do they
If the calls are disturbing, you need to find out who
the responsible party is. Find out who the caller is by
answering the phone.
How can you stop the calls?
Send them a Cease and
Desist letter. This letter tells them to stop all
communications. You can check out our
website for a sample letter. Be sure to mail the letter
certified mail with receipt. It is important to have proof
that the debt collector received the letter.
What are your rights as a consumer under the
There is a federal law called the
Fair Debt Collection Practices Act designed to protect
consumers from abusive debt collectors.
- Too many calls
- Calls to
friends and family members
- Calls before 8am or after 9pm
- Calls to your work after advising them you cannot take calls
- Discussing debt with
to prosecute you or send you to jail
- Threats to take your home or property
I believe my rights have been violated under the
FDCPA. What will I get if I decide to pursue an
- Make the
collectors stop contacting you.
- Recover any actual damages suffered, and/or a statutory damage
of up to $1,000
- Attorneys fees and court costs
So what if my rights have been violated? I can’t
afford an attorney.
You don’t have to be able to afford an attorney. Under the
FDCPA, the attorneys fees are paid by the Defendant. Call
experienced attorneys at SmithMarco for a free case reviews and
consultations. If you do have a case, there is no out of
pocket costs to the client at SmithMarco. Sounds to good to believe
it, read our reviews and call us today with your questions and