Professionally Assisted Guide
25 COMMON VIOLATIONS OF YOUR RIGHTS
DEALING WITH COLLECTORS AND THE FDCPA. WHAT TO KNOW AND DO.
1
Professionally Assisted Guide
DEALING WITH COLLECTORS AND THE FDCPA. WHAT TO KNOW AND DO.
Are you or someone you know dealing with harassing calls from
collection agencies? Well, your rights may be violated and you could
be completely unaware.
The Fair Debt Collection Practices Act (FDCPA) protects debtors from
harassment by debt collectors. If a collector has violated the FDCPA,
you can sue the collector in court. The judge can require the debt
collector to pay you up to $1,000, even if you can’t prove that you
suffered actual damages. You also can be reimbursed for your
attorney’s fees and court costs. The FDCPA provides a range of
damages for successful FDCPA lawsuits, including monetary damages, attorneys fees, and more.
We’ve assembled a list of 25 common violations. Collectors may never:
1. Call you before 8am or after 9pm.
2. Call you at work more than once to verify employment only (Never to discuss the debt with anyone
else other than the person owed.)
3. Call third parties more than once to try to locate you. (The only person debt collectors can contact on
multiple occasions apart from you is your spouse if you have one)
4. Tell anyone else (apart from your spouse) that the collector is trying to collect a debt from you.
5. Contact you after you have written to the debt collector and asked them only contact you via mail.
6. Try and collect on a debt that is invalid [you would be surprised to know that this happens very
frequently – usually the alleged debtor never owed the money or had settled the debt a long time ago
and the debt collector is trying to double dip].
7. Debt collectors cannot lie to you or use deceptive methods in trying to collect a debt (this is very
vague and can be a great tool for you).
For more information: Www.ImproveMyCreditUSA.com or 866-802-3470
2
Professionally Assisted Guide
DEALING WITH COLLECTORS AND THE FDCPA
8. Leave a message on voicemail / answering machine without
saying that the collector is trying to collect a debt; he must leave
his name and his company.
9. Sue or even threaten to sue on a debt that you have no
payment activity on for more than four years (TX – other states
differ).
10. Say or imply anything about arrest, going to jail, or the like.
11. Threaten to sue you when the collector has no intention of
doing so [this usually happens when you have been given a
deadline to do something (usually make a payment) and if the
deadline goes and they failed to sued you, that is a violation].
12. Threaten to garnish your wages without explaining that first the
creditor must file suit and get a judgment. (Texas law limits the
amount that a creditor can garnish (take) from your wages for
repayment of debts. The Texas wage garnishment laws (also
called wage attachments) are even stricter than federal wage garnishment laws. In Texas, your wages
may not be garnished by creditors except for child support, alimony, taxes, and student loans.)
NOTE: Also, keep in mind that creditors may still be able to levy or seize your other assets, such as bank
accounts, even if they can’t garnish your wages. So, if you owe a bank, be careful about keeping funds in
that bank as this is a typical example of when funds / assets can be seized.
13. Say or imply anything about taking cars, furniture, or any other property and putting liens against your
property – again a debt collector has to first sue you and obtain a judgment against you before it can do
this.
14. Sue you on the debt except a) where you live now or b) where you entered into the debt agreement.
15. Embarrass you by saying things like: “You are a deadbeat; why don’t you pay your bills; you are a
disgrace; why don’t you get rid of your spending spouse.” Things like that.
16. Use profane or other abusive language.
17. Shout, scream, or get angry with you.
For more information: Www.ImproveMyCreditUSA.com or 866-802-3470
3
Professionally Assisted Guide
DEALING WITH COLLECTORS AND THE FDCPA
18. Give the impression that the caller or his company has some connection with the government,
the courts, the police, other law enforcement, etc.
19. Try to collect the wrong amount: add small fees, for instance.
20. Call you repeatedly. A call a week is OK. More than one call a week is harassment. Courts have
allowed collectors a lot of latitude on this one. If, however, you hang up and the collector calls
right back this is a clear violation. Rather than deal with these type of phone calls, it’s better to
only deal with collectors in writing and as such, the law allows you to make those phone calls
stop entirely. We have a great article for dealing with this on our home page in the section on
our home page titled “What to say when collectors and creditors call.
21. Ask you to pay more than you owe.
22. Ask you to pay interest, fees, or expenses that are not allowed by law or contractually agreed
upon by you and the creditor.
23. Physically show up to collect a debt at your home or work (and yes this actually happens).
24. Use or threaten to use violence if you don’t pay the debt.
25.
Threaten action they are unable or unwilling to take – an example of this is when the statute of
limitations has passed and they threaten you with a lawsuit knowing they have no capacity or legal
ability to fulfill such promise.
If you can answer yes to any of the above situations, then give us a call. We can refer you to a
FDCPA violations expert. Until enough people get mad enough and take action about their rights
being violated, collection companies and the like will continue to violate them. Take action today!
We’re here to help.
For more information: Www.ImproveMyCreditUSA.com or 866-802-3470
4