Debt Collection Abuse

Have you been harassed by a debt collector?

[debt collection photo]Debt collectors are required to abide by strict rules under both California Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system. If an unscrupulous debt collector is harassing you, McCoy, Turnage & Robertson can help you fight back.

What type of conduct is prohibited?

Debt collectors cannot:

telephone you an unreasonable number of times

telephone you at any unusual time or unusual place

disclose information about your debts to third parties

use profane or other abusive language

contact you after written notification that you do not want to be contacted any further

claim to be affiliated with any governmental organization

misrepresent the character, amount or legal status of a debt

threaten to take any action that cannot be taken legally

accuse you having committed a crime

threaten or communicate false credit information

attempt to collect until honoring your request to validate

use deceptive methods to collect debts

call you before 8:00 a.m. or after 8:00 p.m.

Call you, but not announce who they are

Talk to your employer about your debt

continue collection efforts until honoring a request by you to validate the debt

What are my rights under the debt collection laws?

Within five (5) days of the first communication by a debt collector to a consumer, the debt collector must give the consumer a 30 day notice of the right to dispute the debt. If the consumer provides written notice of her intention to dispute the debt, then the debt collector must stop all collection activities until it obtains and provides the consumer with verification of the debt. [Click here for a sample dispute letter.]

Regardless of whether you dispute the debt, you can ask the debt collector to stop all contact. [Click here for a sample letter.] If you do this, the debt collector can only contact you one more time to inform you of whether it intends to file a lawsuit.

How can an experienced fair debt collection practices attorney help me?

If you have been harassed by a debt collector, an experienced attorney will be able to sue on your behalf for damages and a penalty of up to $1,000. If you prevail, the debt collector has to pay attorneys' fees and court costs, as well.

If you have been harassed by a debt collector, McCoy, Turnage & Robertson can help you. Please call or email us today. You will be able to speak directly to an experienced attorney.

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