A Thing Of The Past: Unfair Debt Collection

Evidence of deceptive, abusive and gross misrepresentation by debt collectors companies have been found in abundance with years of unsavory behaviors on record. As such, Fair Debt Collection Practices Act or FDCPA was passed by the Congress in 1977 to minimize the escalating cases of abusive and unfair debt collection practices in the country.

One of the most common concerns regards unpaid debts include the number of attempts collection agents can call regarding the owed money. It can be quite a nerve-wracking experience to be on the receiving end of these collection calls and letters. Under the FDCPA, debtors can set boundaries as far as collection efforts are concerned. Collection companies can no longer call debtors at the dead of the night or extremely early in the morning to collect. They can no longer call them from work without permission. They can no longer call at any time they want. If they do, debtors can file a complaint and collect a fine. However, debtors need to provide documented evidence proving that abusive debt collectors or junk debt buyers have violated their rights.

Very old, out of statutes debts can no longer be collected. This means collection companies can no longer threaten debtors with a credit card lawsuit or file a credit card lawsuit for out of statutes debts, for that matter. Even if the debt is within statutes, collection companies cannot simply threaten debtors with a credit card lawsuit without any follow through.

It is important to check the statutes of limitations as well as the local court laws in your state if you are dealing with debt claims. The fact is, nothing is preventing debt collectors from making false representation on debt statuses at all. This is why it is important for debtors to take the liberty of knowing more about consumer rights laws and how to deal with abusive collection companies. This is why you should never pay a debt unless you are sure that all information given to you are verified. Anyone can send collection letters and phone calls but if these debt claims don’t come with all information that pins down the ownership of the debts to you, you have to dispute the claim.

If you are disputing a debt, make sure you have all the evidences you need to prove your own claim. You will need to have documented proof if you want your claims to hold weight in court.

How To Fight Back Against Debt Claims

It’s a scary thought to receive a collection letter for unpaid credit card debt. However, for many debtors who does not know how to properly handle a debt claim, we laid out a simple step by step instructions on how you can fight back against debt claims and avoid harassment.

Step 1: Read and Understand the Notice

The Fair Debt Collection Practices Act give debtors the upper hand in any consumer debt claims so don’t be too quick to hand over your hard earned money once you see a collection letter in your mail. First, read and understand the notice and then check if they got the right person. Some collection agencies are known for sending collection letters to the wrong address. Note if the debt amount is clearly defined and their contact details, so you can respond accordingly.

Step 2: Respond to the Notice

Once you read and understood the notice, it’s time to respond to it. The worst thing you can do at this point is to ignore the notice as this could result in a credit card lawsuit. Your silence over the issue could be translated as consent on the debt’s ownership! You will be given 30 days to dispute the debt so make sure you send an appropriate response within the given time frame.

Step 3: Check the Rules

If the debt is sent to you by mistake, it’s important to let the debt collection agency know in writing. Send the letter via certified mail with return receipt requested. On the other hand, if you own the debt, it’s best to check if the debt is within statutes. If the debt is out of statutes, the creditor can no longer file a credit card lawsuit nor threaten you with filing a credit card lawsuit to get you to pay.

Step 4: Take Action

Accepting or rejecting the debt claim is entirely up to you. If the debt is indeed yours, you can either offer a lump sum to repay the debt or propose a payment plan. If the debt is valid and legal, it is best to do the right thing and repay the debt to avoid a credit card lawsuit. However, do not respond to threats, abusive behavior or bullying. If such things occur during the course of the debt validation, you can sue the debt collection companies for violating consumer rights under the FDCPA.


Don’t be afraid to speak up if the debt collection company has crossed the line, threatening you with credit card lawsuit with no follow through and even jail time.

Important Questions to Ask When In Contact With A Collection Agent

Dealing with a collection agent is quite a stressful experience especially with the possibility of facing a credit card lawsuit. For others, ignoring the problem might seem like the best thing to do but if you want to rid yourself of a problem, you’re going to have to find to a resolution. If you came across a collection agent trying to get you to pay an alleged debt, it is important to ask yourself these important questions:

“Is he calling the right person?”

Many debt collectors contact the wrong person because they get very little information from the original creditor when they purchased charged off accounts for pennies on the dollar. Therefore, if you have a similar name as that of a debtor, they just might mistake you for the other person and call you. If such is the case, make sure you let the debt collector know and take note of the time and date he or she called you. If the calls persist, you can take legal action against the debt collector.

”Do I own the debt?”

If you own the debt, it is important to check if the debt is out of statute. If that’s the case, the collector can no longer pursue you since the account is old. On the other hand, if you are unsure whether or not the debt is yours, you can send a debt validation notice to get more information pertaining to the details of the debt account.

“What should I do to repay the debt?”

If the debt is indeed yours, you need to know what you can do to take care of the problem. Don’t just ignore the debt collector that may result in a credit card lawsuit, rather, talk to them and negotiate a settlement and just keep the agreement in writing. That said, it is important to not divulge any personal information, including your bank details and personal contact information. If you do not have the money to pay the debt, let the other party know. If the debt collector files a credit card lawsuit, you can defend yourself in court and quite possibly even win the case, as long as you do not ignore the summons for the credit card lawsuit.

“Should I hire an attorney?”

If you are facing credit card lawsuit, you can either hire an attorney or defend yourself in court. For many debtors, a great document with info about how to fight credit card lawsuit is enough to win the case. However, if you got the budget, go ahead and hire a lawyer. Also, if you feel that a debt collector has violated your rights, you can also pursue them legally and even pocket a fine for it.

Other Illegal Debt Collection Practices To Watch Out For

Credit debt collectors are known for their abusive and in some cases, downright illegal collection practices. In this article, we will discuss some of the other illegal debt collection practices you should watch out for.

Unpermitted Calls To Debtors’ Offices

Sometimes, when creditors or debt collectors are running out of ideas how to hound debtors, they go the extra mile to ensure the debtors will get in trouble for their unpaid debt, even going as far as calling their work office despite not having permission to call the place. Know that under the FDCPA, creditors and debt collectors cannot contact the debtor at work of the employer does not permit such calls. To stop a creditor from calling you from your office, tell your creditor to stop calling you from that number and follow up in writing. If the creditor continuously call you despite warnings, it’s best to press charges.

Divulging Confidential Debt Information To Third Parties

Under the FDCPA, debt collectors cannot contact other people and divulge sensitive information about the debtor, including the debt information, to another person. This rule covers families, friends, relatives, employers, colleagues, neighbors, etc. Debt collectors cannot discuss a person’s debt unless that person is a co-signer, spouse or the debtor’s attorney! If a creditor is found to have discussed a debt with another person other than the specified personalities, talk with a consumer debt attorney and file a complaint. Make sure to take a record or evidence of the incident.

Failure to Validate The Debt

Creditors should present documented evidence that will validate the owed money by the debtor when the latter sent a debt validation letter. Creditors are given 30 days to completely validate the debt and they should stop trying to collect the debt within this period. In addition, if the debt has been reported to major credit reporting agencies, the creditor has to report that the debt is being disputed.

Continuous Collection Efforts Despite Sending A Cease and Desist Letter

If you want to make your creditor stop contacting you, all you need to do is to send a Cease and Desist letter. This will allow your creditor to contact you through written correspondence only and when they do, it’s only to notify you of their next action, which is filing a credit card lawsuit most of the time. That said, do not send a Cease and Desist letter when you know you owe the debt and that you are only doing it just so you can continuously ignore the debt. You leave your creditor no other choice but to file a credit card lawsuit against you.