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Debt Harassment Is Illegal!

Your Rights Against Debt Harassment

The Fair Debt Collection Practices Act was passed by Congress to give consumers protection against illegal debt harassment.  Congress understands that, while everyone should pay their debts if they are able, if consumers have fallen on hard times they should not subjected to debt harassment by bill collectors and collection agencies.

Our Consumer Litigators are ready to protect you against Debt Harassment.  Since our attorney fees are paid by the Debt Collectors we go after, you will never pay anything for our legal services.

Who would have thought – the company that harassed you is required by law to pay YOUR attorney fees to make THEM pay YOU! – Talk about turning the tables!

The Law Against Debt Harassment

When Contacting Third Parties, Debt Collectors May Not:

Fail to identify themselves (by only company name), or fail to state that collector is calling to confirming or correct the consumer’s locating information

Disclose to any third parties that debts are owedContact any third party more than once, unless requested to do so by the third party

Contact anyone but your attorney after knowing you are represented by an attorney

Note on Debt Collectors Contacting Third Parties:  If a debt collector contacted a friend or family member of yours that have almost ALWAYS broken the law.  Although we are being a little general, here, if they have contacted anyone other than you or your spouse contact us today!

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Prohibited Communication – Debt Collectors May Not:

Call you before 8:00am and 9:00pm, your time

Contact you after you are represented by an attorney (i.e. your Bankruptcy attorney or consumer protection attorney)

Call your place of employment after debt collector knows your employer prohibits calls ( or after you say, do not call me at work”)

Contact you, after you in writing, tell debt collector you are not going to pay debt, or you want collector to cease communication

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Harassment or Abuse – Debt Collectors May Not:

Harass, oppress, or abuse any person.

Use the threat of Force or criminal means to harm you or your property

Use profane language

Call repeatedly

Call you without disclosing identity (“I am a debt collector attempting to collect a debt”)

Note on Debt Collectors Harassing, abusing and oppressing: One of our favorite provisions of the FDCPA is the fact that the debt collector cannot “Harass, Oppress, or abuse any person.  This is a pretty wide “catch all” that we can use to your advantage.

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False or Misleading Representations – Debt Collectors May Not:

Attempt to collect more than is owed.

Imply the debt collector is an attorney when it is not.

Threaten that the nonpayment will result in imprisonment, garnishment, or seizure of property.

Threaten to sue you when they are not an attorney.

Threaten to take any action debt collector doesn’t intend to take or otherwise lying.

Note on Misrepresentations by Debt CollectorsDebt collectors love to use “legal words” and to make you think they are going to do something when they have no authority to do so.  If you think a debt collector has exaggerated the truth reach out to us immediately!

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