What you need to do if you are harassed by a Debt Collector?

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What you need to do if you are harassed by a Debt Collector?

by: victorcs
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Do you have a case?

If you believe the debt collector has violated the law, then you have the right to sue the collector in a state or federal court.

When you have been harassed by a debt collector, the first thing you must do is, to determine whether the collector is the original creditor, a collection agency or a company that bought the debt. Collection agencies and attorneys who are regularly engaged in collecting debts must comply with Fair Debt Collection Practices Act and the respective states’ Debt Collection Act. The original creditor is generally not liable under the FDCPA unless they are holding themselves out as a collection agency or if the owner of a debt acquires it after the debt default.

Assess the type of debt you owned. You may be protected under FDCPA, if the debt collector is attempting to collect a consumer debt such as a utility bill, car payment, home mortgage etc.

Prior to filing a lawsuit against the debt collection agency under FDCPA, see if you have any witness to harassment against you. Ask the debt collectors to send the notarized statements with in five days of the collector’s initial communication by phone. This notice is to dispute the debt within 30 days after you receive, and also the debt collector must stop the collection of debt until the debt is validated. You must compel the debt collector to inform you the rights in writing in its initial written communication.

Also, it is very important to send the correspondence letter to a debt collector by Certified mail with return receipt requested. With certified mail, you can track the letters all the way to the collection agency and you will receive a signed and dated notice that the collector has received your letter.

The most important things to know when you are harassed by a debt collector are

• You do not have to sit on the phone and be abused by a debt collector. You can tell the debt collector to stop calling on the phone. While talking on your phone with debt collectors, make sure to ask for his/her name and name of the collection agency. Also ask the collector about the original creditor and insist on written description of how you owe the money claimed.

• If you have any doubt about a valid claim against a debt collector, tell the debt collector that you are not willing to discuss the details until you review the documents. The debt collector may use various techniques to make you feel culpable or promise to pay a debt.

• You need to store the letters, faxes, E-mails, phone calls by recording the debt collector’s calls, if your state law permits you to do. These collected documents will be used as evidence of debt collector’s unlawful practices or any harassment.

• Call recording can be the best evidence. Usually, there will be some kind of violation by debt collectors when they are on phone with you. Techniques such as using simple phone recorders, putting call on speaker phone or by using a service by www.RecordMyCalls.com are simple to use and very inexpensive, and you should record by informing them. Visit http://www.rcfp.org/taping/for more information on recording phone calls in different states.

www.CollectionStopper.com follows an effective process of handling debt collection issues that will result in the most optimum and satisfactory outcome to win your case. Also you can recover money for the damages you suffered plus payment of attorneys’ fees and court costs. If you are chosen as a designated class representative, a lawsuit may be filed against a debt collector on behalf of a group of people. In this case, you can recover money for damages up to the lesser of $500,000 or one percent (1%) of the collector's net worth.

About the Author

Victorcs has published a number of articles, both online and off-line. Many are about Debt Collector's and Collection agencie's. He is currently expanding his Internet business ventures.

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