Free Consultation

For unbeatable proposals, simply fill our Contact Form. We’ll respond quickly!

Click Here

Services

More Services

Stop Collection Calls

Know Your Rights

Once you enter our debt management/settlement program, S.O.S. has the legal authority to force your creditors to stop calling and writing you and deal with us. S.O.S. will work hard for your debt relief.

Back

The Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act requires that bill collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe. A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, like before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

To stop a debt collector from contacting you, simply mail a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

If you have a power of attorney (POA), the debt collector must contact the POA, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

Within five days after you're first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

In short, debt collectors may not harass, oppress, abuse you or lie to you. Ironically, the bill collector may ultimately be liable to you for communications that:

use threats of violence or harm

publish a list of consumers who refuse to pay their debts (except to a credit bureau)

use obscene or profane language; or repeatedly use the telephone to annoy someone

falsely imply that they are attorneys or government representatives

falsely imply that you have committed a crime

falsely represent that they operate or work for a credit bureau

misrepresent the amount of your debt

indicate that papers being sent to you're legal forms when they are not

indicate that papers being sent to you're not legal forms when they are

suggest that you'll be arrested if you do not pay your debt

threaten to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it's legal to do so

threaten to sue you in situations where such action legally may not be taken, or when they do not intend to take such action

give false credit information about you to anyone, including a credit bureau

send you anything that looks like an official document from a court or government agency when it's not; or

use a false name

seek to collect any amount greater than your debt, unless your state law permits such a charge

use deception to make you accept collect calls or pay for telegrams; or

take or threaten to take your property unless this can be done legally

The actual law is much more detailed, but it is every debt collector's duty to comply with each aspect of the FDCPA.

If you believe a debt collector violated the law, you have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney’s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever is less.

Phone:(888) 242 1011

Fax:(888) 242 1011

Free Consultation

Services

Stop Collection Calls

Know Your Rights