There are two types of debt collectors: firms that collect debts owed to third parties and creditors. Both federal and state laws regulate and restrict various debt collection practices.

Junk Debt buyers are the scum of the earth. They will do almost anything to get their money know your rights.

Treat Collection Attorneys just like any other Collection Agency. Do not be intimidated because they are Attorneys. They too, must abide by the FDCPA & State Laws.

Did you Know?

Credit Card Accounts are considered Open Accounts.

The first thing you want to check if a Collection Agency is after you for an old credit card debt is if the Statute of Limitations has expired or not for your state. Check that here: Statute of Limitations

What most collectors try to do is threaten or scare you whether it be by phone or through the mail with a letter stating that if you don't pay they will sue you.  After checking under the Open Accounts for your state and you notice that the Statute of Limitations has indeed expired let them know you are onto them.  If you received a Summons in the mail and the SOL has expired make sure that you write that down as a defense. You should get an attorney to write them up a letter that will make them stop the suit entirely.

Collection Agencies are hoping that you do not know your rights and you just fold and pay them off.  They are hoping that you don't show up for court and they receive a Default Judgment against you. If the SOL has run out and you ignore a summons they will legally get a default judgment against you. BUT if you know that the SOL has run out and you do something about it well, they will simply go away.

Creditors

It pretty much goes that if it is the original creditor coming after you that you will lose. Original Creditors have pretty much everything they need to get proof the debt is yours....refuse to pay the original creditor and look for a lawsuit next. Unless the Statute of Limitations has run out you may use this as a defense.  If the original creditor is coming after you we highly suggest that you get a payment plan with them in action.

Debt Collectors

• Debt Collection agencies are another story. They must abide by Federal & State Laws. The Fair Debt Collections Protection Act protects you from such agencies who are out to collect debt unlawfully. You do have rights. Know your rights!
• Most people who have a debt collector call them or contact them simply freak out and call them to settle it out.

• There are so many things you should do before doing this. First, is this debt really your debt? Go check your credit report to verify the debt is yours. Next you want to send the collection agency over a Debt Validation letter.  You can find a sample here.

What is a Debt Validation Letter that you send to the collection agency do?

It makes the Debt Collector basically prove that this debt is yours. Basic, prove it or remove it. Remove it off my credit report if you cannot prove it period!  It's your weapon.  The FDCPA is behind you that the debt collector must prove that you are the person 100% that they are trying to collect on.

Consumers get debt letters from years ago and have no idea that this debt is really their debt and they still call the collector to work out a settlement.  Why? If a guy named Joe knocked on your door and said you owe me $2000 pay it up wouldn't you make him prove it? Of course you would. Do the same for the collection agency as well. Send them the Debt Validation Letter wait 30 days for a response. If you do not get a response mail them a follow up letter.  If you get no response then, go into your credit report and dispute the debt with the 3 credit bureaus. Make copies of the letters you sent to the Debt Collection Agency and tell them they wouldn't verify it. The CRA then has to remove it..it's not validated, the collection agency couldn't prove it so how in the heck can the CRA validate it also? Remove it NOW.

How May They Contact You?
A debt collection agency is allowed to contact you in person, by mail, telephone, telegram or fax. This agency is restricted, however, from contacting you at inconvenient times or places, for example, before 8 AM or after 9 PM, unless you agree. A debt collection agency is prohibited from contacting you at your place of employment if the agency knows that your employer disapproves.

What If You Want to Dispute the Debt?
You must write a letter to the debt collection agency within thirty days of their initial contact with you regarding disputes over any or all of a debt. Thereafter, the agency is prohibited by law from contacting you again until it can send you verification of your debt.

How Can You Stop Them From Calling You?
You must write a letter to the debt collection agency to ask that they stop calling you. Once an agency receives your letter, they may not contact you any further except to inform you that there will be no further contact or that their agency or the creditor intends to takes some specific action.

Harassing or Abusive Tactics: Debt collection agencies are prohibited from the following harassing or abusive tactics:

• use of or threatening violence or criminal means to harm you;
• use of obscene or profane language;
• advertising your debt for sale;
• telephoning you repeatedly or continuously with the intent to annoy or harass; or
• placing telephone calls without meaningful disclosures of their identity.

False or Misleading Representations: Debt collection agencies may not deceive you with:

• false representations that they are government representatives;
• falsely represent that they will seize, garnish or sell any property or wages unless such action is lawful;
• false representations that you have committed a crime or that you will be arrested or imprisoned;
• threats to communicate false credit information with any other person;
• falsely implying that the debt collector is employed by a credit bureau;
• false representations implying that they are attorneys or that there is the involvement of an attorney in collecting a debt;
• falsely indicating the legal status of papers or forms sent to you;
• use of a false name;
• misrepresenting the amount of the debt; or
• sending you something resembling an official document from a court or governmental agency when it is not.