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Debt Collection Harassment

The Davis Consumer Law Firm is ready to fight on your behalf. We can contact your debt collector, stop the calls and put an end to the harassment. Call the Davis Consumer Law Firm or submit the form below.
Your rights as a consumer

Debt Collection Harassment - Davis Consumer Law Firm |

Debt collectors are calling you non-stop and the phone has now become your bitter enemy. You're either pushing through a tough financial situation and falling behind on payments, or being called on a debt from years ago or one that is not even yours.

There are some rights that you have as a consumer to protect yourself and put yourself in control from debt collector harassment thanks to the Fair Debt Collection Practices Act (FDCPA). If you've faced a debt collector that has not complied with any of the actions below, you may be entitled to financial compensation.

What you should do

If you've been contacted regarding a debt that is NOT yours:

Dispute the debt immediately

The collector has 5 days after the 1st contact with you to provide you with a verfication of the debt in a written note. The written note must include 1) Amount of the debt; 2) Name of the creditor; 3) Your right to dispute, all or part of the debt, in writing, within 30 days of you receiving the notice (the 30-day timeframe starts running on the day you receive the notice, NOT from the date the letter is dated or postmarked)

Request proof or validation of the debt

Within 30 days, send your debt validation request (and stating you do not owe the money) via certified mail with return receipt requested to keep proof of the letter's mailing and receipt by the debt collector. The collection agency now must send you proof that it owns or has been assigned the debt by the original creditor. Verification that you owe the debt and the amount of the debt needs to include documentation from original creditor. It is not enough for the collection agency to simply send you a printout of the amount owed.

Cease contact

The collector now has to cease collection efforts until you receive written proof of the debt with your name, the Creditor's name and the amount owed. There is no time limit for the collector to provide proof. If the collector is unable to, often times the collector will "sell your debt" to another collection company. If this happens, repeat the steps above until you receive actual proof.

Some collection agencies are even starting to respond to validation requests with summons to appear in court. A collection agency cannot file suit against you if they haven't validated the debt within the initial 30 day period. If they did, they may have broken an FDCPA violation. Give Davis Consumer Law Firm immediately at (855) 4-DAVIS-LAW so we can fight it on your behalf.

[Click here for a sample Debt Validation letter]

If you've negotiated partial payments with a Creditor and the collector demands full payment:

Follow the steps above.

It is not illegal for the collector to ask for larger payment installments in a quicker timeframe and negotiate on its own terms, BUT it is against the law for him/her to make misleading or false statements to collect the debt. If you mention the Creditor will acccept partial payments, the collector is not allowed to tell that "only a full payment is accepted."

Collectors may not tack on interest, fees or other charges for the original debt unless:

  • The Creditor included a condition for fees/expenses in its agreement when you acquired the debt
  • It's allowed in the state where the contract was originated
  • It's allowed in the state where the judgement was initiated

  • Please complete the form below for a free no-obligation case review. An attorney will be in contact with you shortly.

    FDCPA Violations

    If you believe you are being harassed by a debt collector or they have broken any of the following FDCPA violations (Fair Debt Collection Practices Act), you may be entitled up to $1,000:
    • Called you numerous times a day
    • Called you before 8 AM or after 9 PM
    • Called your cell phone numerous times after you've told them to stop
    • You've been contacted by postcard
    • Called you at work after you've told them not to contact your place of employment
    • Given you a false name or contact information
    • Have been told you owe more than you actually do
    • Told you they work for a credit reporting agency
    • Told you are guilty of a crime
    • Threaten to sue you (if the Collector or the Creditor don't intend to sue you)
    • Said they are an attorney or represented by an attorney if they are not
    • Sent you papers and told you they are not legal forms if they are
    • Gave false information to anyone about you
    • Contacted you regarding a debt that is too old to pursue (past the statute of limitations)
    • Threatened to tell anyone about your debt
    • Told you that you'll be arrested for your refusal to pay
    • Harassed you by threatening physical harm to you, family, coworkers or friends
    • Used obscene language
    • Deposited a post-dated check prematurely
    • Threatened to take your property (unless the collector or Creditor can legally do so as written in the agreement)
    • Continued to contact you after you've requested in writing, to stop contact and that you will be represented by an attorney