As an initial matter, a debt collector can call your job or your work number but when you tell them that you are not allowed to receive these types of calls at work, then the calls must stop.
When the calls don’t stop, you sue the debt collector under the FDCPA — Fair Debt Collection Practices Act.
“Why is a collector allowed to call me at work?”
A debt collector is allowed to contact you at any number it has… (Read more)
Debt collectors routinely violate the Fair Debt Collection Practices Act (FDCPA). There are number of reasons that debt collectors violate the law, but the most common reason is simply that it works in getting people to pay debts, whether the debts are owed or not owed.
Let’s talk about a very common example of a debt collector violating the FDCPA — illegally contacting third parties.
The FDCPA says it is illegal to contact a “third-party” except in unusual circumstances. A… (Read more)
Yes — if you file for bankruptcy (normally a chapter 7), you should still be able to sue an abusive debt collector.
Here’s how this works.
If you file for chapter 7 bankruptcy, the bankruptcy trustee has the right to look at all of the assets in your bankruptcy case which includes any potential lawsuits.
But normally the trustee will “waive” or otherwise agree not to pursue the case for you which means you can file the lawsuit against the… (Read more)
Having false information on your credit reports is very frustrating. Especially when it is from a debt collector who has damaged your credit reports and scores.
You have some options on how to fix this problem and hold the debt collector responsible.
Use the Fair Credit Reporting Act (FCRA) to fix your credit reports
Any company, including a debt collector, must only report correct (accurate) information on your credit reports.
If the debt collector is reporting false information, you can… (Read more)
We represented a client who started receiving phone calls to his cell phone from the large debt collector “Portfolio Recovery Associates” out of Virginia.
(Portfolio Recovery sues a hundred Alabama consumers a week but it collects against even more Alabama consumers by letter and phone calls. Let’s take a look at when one of these Alabama consumers fought back against allegedly illegal collection activities by Portfolio).
When he found out the debt this was on, he realized this was a… (Read more)
The FDCPA (Fair Debt Collection Practices Act) applies to debt collectors so most consumers, and most lawyers, think it does not apply to mortgage companies. After all, a mortgage company is not a debt collector, is it?
It may be.
Definition of a debt collector under the FDCPA
A company that receives your debt from some other company and the moment it receives your debt, the debt is allegedly in default.
Let’s break this down with an example of Bank… (Read more)