• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
Debt Collection Frequently Asked Questions (FAQ) by MinCal Consumer Law
 

Debt Collection Frequently Asked Questions (FAQ) by MinCal Consumer Law

on

  • 1,049 views

These questions and answers frequently come up when trying to understand your rights under the Fair Debt Collection Practices Act, especially when it comes to abusive and harassing debt collectors. If ...

These questions and answers frequently come up when trying to understand your rights under the Fair Debt Collection Practices Act, especially when it comes to abusive and harassing debt collectors. If you have any questions visit us at http://www.mincal.com or call us for a free and confidential consultation at 888-678-5550.

Statistics

Views

Total Views
1,049
Views on SlideShare
1,048
Embed Views
1

Actions

Likes
0
Downloads
9
Comments
0

1 Embed 1

http://www.slideshare.net 1

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    Debt Collection Frequently Asked Questions (FAQ) by MinCal Consumer Law Debt Collection Frequently Asked Questions (FAQ) by MinCal Consumer Law Document Transcript

    • We Stop Abusive and Harassing Debt Collectors DISCLAIMER These questions and answers DO NOT constitute legal advice and does not create an attorney/client relationship between you and MinCal Consumer Law Group. They are intended to provide you with general information to improve your consumer literacy and give a broad understanding of typical situations. You should note that consumer protection laws may differ in each state. Laws frequently change through legislative amendments, developing case law, and federal/state regulations. Your legal rights and remedies will depend on your particular circumstances, documents, and evidence. If you have any questions about your rights visit http://www.mincal.com or call us toll free at 888-678-5550 for a free consultation. Questions and Answers about Debt Collection Q: A debt collector is calling me at all times of day and night. Can they do that? A: NO. A debt collector may not call you at unreasonable hours or cause your telephone to ring repeatedly or continuously. Download our collection log at http://www.mincal.com/images/debt_log.pdf and keep track of all the phone calls you receive. You are encouraged to consult with an attorney to find out more about your rights as a consumer. You can always call us for a free consultation. Q: Can debt collectors threaten me with criminal charges like saying they will report me to the police and I will be arrested or can they threaten to take my kids away if I don’t pay? A: NO. Federal law (FDCPA) was enacted to protect consumers against this sort of abuse. In addition, California statutes provide additional protection to consumers against debt collection abuses. Debt collectors have to be truthful with you, and cannot misrepresent anything to you in order to succeed in their collection efforts. We suggest you download our free collection log at http://www.mincal.com/images/debt_log.pdf and keep track of all the calls and statements made to you. © 2010 MinCal Consumer Law Group Minnesota & California 888-678-5550 www.mincal.com
    • We Stop Abusive and Harassing Debt Collectors Q: Can debt collectors call my house? A: Yes, only within reason and certain hours, and as long as you are not inconvenienced by it. They cannot continue to call, if you have informed them that their calls are causing inconvenience to you. When they do call your house, with a few exceptions, they may only talk to you or your spouse about your debt. It is very important that you SAVE all your communications with debt collectors, whether they are a written document, or voice mail left on your phone. We suggest you download our free collection log at http://www.mincal.com/images/debt_log.pdf and keep track of every phone call you receive. Q: Can debt collectors call my employer (boss) at work? A: Debt collectors can call your employer only under very limited circumstances, i.e. to verify employment and current location. A debt collector cannot discuss your consumer debt with anyone, but you or your spouse. If the debt collector is calling you at work, you need to inform the debt collector that it is inconvenient for them to call you at work. If your employer has a policy against receiving personal calls, you can let the debt collector know about that. It is best that you follow up any verbal objection to the debt collector calling you at work, with a written letter informing them of the same. Keep a copy of the letter, and if possible use certified mail service and save the receipt. If the debt collector continues to call you after your objections, then they may have violated your rights and you can sue them. We suggest you download our free collection log at http://www.mincal.com/images/debt_log.pdf and keep track of all the calls and statements made, and contact an attorney to determine whether you may have a case. You can always call our office for a free consultation. © 2010 MinCal Consumer Law Group Minnesota & California 888-678-5550 www.mincal.com
    • We Stop Abusive and Harassing Debt Collectors Q: Can the caller (debt collector) lie to me? A: A debt collector has to be truthful with you and cannot misrepresent facts to collect a debt. The debt collector may not falsely represent himself or herself as a lawyer, or as a governmental agent, or make the false representation that he or she is a consumer reporting agency, or make other fraudulent statements. We suggest you download our free collection log and keep track of all the calls and statements made to you at http://www.mincal.com/images/debt_log.pdf. Q: Is a debt collector required to send me anything in writing? A: After the initial contact by a debt collector to collect an alleged debt, the debt collector is obligated to send you a written notice within 5 days to notify you of your rights, if the initial written contact fails to state those rights. In some states, such as California, this requirement also applies to original creditors. Many debt collectors fail to send this notice, but if you do receive one, make sure you give your consumer attorney a call to see if the letter violates any of your rights. Keep every letter, including envelopes you receive from debt collectors. Any notices from them must comply with federal and state laws. Feel free to give our lawyers a call at 888-678-5550 to discuss your rights and whether they were violated. Q: What should I do if I’m sued? A: Do not ignore this. You should seek immediate legal advice. Many debtors, including you, may have defenses to these lawsuits and many creditors assume, and count on the fact that consumers may ignore the lawsuit and loose by default. You should get immediate legal representation to fight for you, as you may not owe the amount you are being sued for. © 2010 MinCal Consumer Law Group Minnesota & California 888-678-5550 www.mincal.com
    • We Stop Abusive and Harassing Debt Collectors Q: What if more than one company is trying to collect the same debt? A: Sometimes, “uncollectable” or “old debts” are bought and sold multiple times by various entities. If a debt collector demands payment from you, make sure they either own the debt or are representing the creditor you may owe the debt to. Q: I don’t think I can afford a lawyer to help me stop the abuse – what should I do? A: MinCal Consumer Law Group will not charge anything to represent you, including filing fees. We recover our legal fees and costs from the abusive and harassing debt collectors themselves. We encourage you to give us a call for a free confidential legal consultation and end the abuse and harassment today. MinCal Consumer Law Group is a national law firm with offices in California and Minnesota. MinCal is focused on protecting consumers’ rights against abusive and harassing debt collectors under the Fair Debt Collection Practices Act (FDCPA) and respective state consumer protection laws. We help consumers throughout the entire states of California and Minnesota. MinCal has a passion for helping consumers solve their problems. If you are being abused or harassed by debt collectors, we recommend visiting our main website at http://www.mincal.com and calling us at 888-678-5550 for a free consultation. We look forward to helping you. © 2010 MinCal Consumer Law Group Minnesota & California 888-678-5550 www.mincal.com