How to Build Your Fair Debt Collection Case
So, you’re getting harassed by collection agencies. They are calling you at home, leaving messages on your voicemail and contacting your friends and family members. They are threatening you with court dates, lawsuits, imprisonment, etc. You are getting many phone calls a day, from many different agencies. You want to hold the agencies liable for their actions and recover the money damages that Congress says you’re entitled to. But, you simply don’t know what to do……
1. Keep all letters and voicemails you receive from the agencies. A voicemail turns a questionable case into a “slam dunk”.
2. When you actually speak to the collectors, document the calls on the Collection Call log located on our website http://www.fairdebthelpers.com/Resources.html. Keep this log by your telephone and in addition to documenting the basic information about the call, immediately write down your impression of the call, your feelings after receiving the call, etc. This will help you remember what was said and what you felt like as time passes. Also, it is important to find out what debt the collection agency is calling on. If you are going to build a case against the agency, you need to know the dates and times of their calls and if available the name of the collector. The easiest way to do this is to ask the collector when you speak with them, (1) who do you work for? (2) what debt are you collecting on?
3. Do not exaggerate what happened, do not make up any facts, etc. If you do, not only will you significantly damage your case, you will also potentially be fined by the court for lying.
4. Know your rights.
5. Contact us at 866-339-1156
Jeffrey Hyslip
October 27th, 2008 at 12:59 pm
Hi Jeffry,
I’ve read in more than one place that when the original creditor writes off a debt and “sells” that debt to a collection agency for pennies on the dollar that the debtor’s obligation to pay has been eliminated. Is that correct?
November 4th, 2008 at 5:21 pm
Any advice for when collectors are after you for another person’s debt (a case of mistaken identity)? My mom was checking her credit report one time, and there was a record of collection for someone with the same last name and different first name. She disputed it with the credit bureau and they took it off her report, but she made the mistake of first contacting the collection agency to let them know it was an error, and since then she is receiving communications from them trying to get her to pay the debt. She doesn’t even know the person they are collecting against. Is there anything she can do to get them to stop bothering her?
November 4th, 2008 at 5:32 pm
Hello Nikki!
If a collection agency is attempting to collect a debt that doesn’t belong to the person they are contacting, the FDCPA has been violated if the Collection Agency is put on notice that they “have the wrong person”.
I would have your mother tell the company over the telephone that she is not the person that is liable for the debt. She should tell them that if they don’t stop contacting her, she will hire an attorney to stop the harassment.
Additionally, I would have her ask the company for their mailing address and mail them a certified letter, return receipt requested, stating that she did not incur the debt, is not liable for the debt, and that their collection efforts are not appreciated.
Feel free to contact us at 866-339-1156 and we’d be more than willing to assist you!
Jeffrey Hyslip
November 17th, 2008 at 7:06 am
Is there a certain limit to how many times they can call a day? hour?
Also, is it harassment when stated it is not my “right” to speak with someone’s supervisor until I pay?
November 21st, 2008 at 6:34 pm
Max,
Thank you for your questions. First, there isn’t a firm number on how many times they are allowed to call you a day/hour, etc. However, in my opinion, they should not call you more than once a day if they successfully get a hold of you unless you asked to be called back. If they are calling and leaving messages on your answering machine or voicemail, I think more than two messages a day is excessive. Give us a call at 866-339-1156 and let us know excatly what is going on.
Regarding your second question, you really don’t have a legal right to speak to a collectors supervisor, however, it sounds to me like the debt collector was being rude to you. My question is, why did you want to speak to their supervisor? Were they harassing you? Were they rude? What were you trying to accomplish? The fact that you wanted to speak to a supervisor may indicate the collector was violating the FDCPA. Give us a call, I’d be happy to speak to you.
December 1st, 2008 at 4:47 am
I used to work for a collection agency. Now the shoe is on the other foot due to “no work.” Anyhow, we were not allowed to contact a debtor more than once a day, if we left a message on a voicemail or a live person saying who we were. I spoke to one of my friends who still works at the collection agency and told him what happened and he said that they can’t do that and they can be fined $1000.00 and have to write you out a 0 (zero) balance letter.
April 16th, 2009 at 3:31 am
I have debt collection calls almost everyday from a collector although I do not owe anything to it. I wrote to them to send all providentially records about the debt. But they did not answer my letter. Of I told them that I do not owe anything.
Yet, they are still call me everyday. Can you sue them for harassment?
c. sone
May 6th, 2009 at 1:55 am
It sounds like you may have a case Chae. Give us a call at 866-339-1156 and we’d enjoy helping you out.