top of page

YOUR RIGHTS

Protect yourself against debt collectors

It is no secret that debt collection agencies harass and use illegal strategies in order to pressure everyday consumers to pay in full alleged debts. Do not feel intimidated. You are protected. There are federal and state protections enacted into law to protect consumers, like yourself, from debt collectors. When you are contacted by a debt collection agency, you must act fast, and get the most reliable information available. That is where we come in! Reach out to someone on our team, and we will advise you on your best course of action. 

What You Should Know About Debt Collection

Only specific types of debts are covered
 

  • Consumers who have credit card debt, student loans, medical debts, auto loans, and other household-related debts have several ways to protect themselves from debt collector harassment.

Debt Collectors Can Contact you 
 

  • Debt collectors can call you, or send letters, emails, or text messages to collect a debt.

Debt Collectors Cannot Contact You At Any Time or Any Place 
 

  • Debt collectors can't contact you at inconvenient times or places. They can't contact you before 8 a.m. or after 9 p.m. unless you agree to it. They also can't contact you at work if they're told you're not allowed to get calls there.

What Does The Debt Collector Have To Tell Me About The Debt?

 

A collector has to send you a written "validation notice" within five days of first contacting you. The notice has to say:
 

  • How much money you owe

  • The name of the creditor you owe it to

  • What to do if you don't think it's your debt

What If I Don't Think I Owe The Debt?
 

A collector has to send you a written "validation notice" within five days of first contacting you. The notice has to say:

You can send a debt collector a letter saying you don’t owe any or all of the money, or asking for verification of the debt. If you send the letter within 30 days of getting the validation notice, the collector has to send you written verification of the debt, like a copy of a bill for the amount you owe, before it can start trying to collect the debt again. You also can get a collector to stop contacting you, at any time, by sending a letter by mail asking for contact to stop.

What is a debt collector not allowed to do?
They can't harass you. For example they can't:

  • Threaten you with violence or harm

  • Use obscene or profane language

  • Repeatedly use the phone to annoy you

They can't lie. For example they can't:

  • Misrepresent the amount you owe

  • Lie about being attorneys or government representatives

  • falsely claim you will be arrested, or claim legal action will be taken against you if it's not true

They can't engage in unfair practices. For example, they can't:

  • Try to collect interest, fees, or other charges on top of the amount you owe, unless the original contract or your state law allows it

  • deposit a post-dated check early

  • take or threaten to take your property unless it can be done legally

Can a debt collector take money from my paycheck?

Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can seek a court order to take money from your bank account. Don’t ignore a lawsuit, or you could lose the opportunity to fight a court order.

What if my debt is old?

Debt collectors have a certain number of years they can sue you and win to collect a debt. It’s called the statute of limitations, and usually begins when you fail to make a payment on a debt. Once it’s over, your unpaid debt is considered “time-barred,” but in some states, you have to raise the age of the debt as a defense to win.

How long the statute of limitations on a debt lasts depends on what kind of debt it is, and the law in your state or the state specified in your credit contract.

Also, under the laws of some states, if you make a payment or provide written acknowledgment of your debt, the clock may start ticking again.
 

Most Importantly: You Have the Right to an Attorney

We will represent you from the moment you have been contacted by a debt collection agency, and we will protect you from any illegal or harassing strategies at no cost. We will only get paid, if you do.

CALL US
(833) 9LAW-NOW

100% Free Consultation

Confidential Communication

Thanks for submitting!

bottom of page