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Debt Collection

Debt collectors are prohibited from using abusive, deceptive or unfair collection methods by state and federal law. Debt collectors often violate the law by attempting to collect “debts” which are not even owed, or which are prohibited by laws such as the statute of limitations or the anti-deficiency laws following a foreclosure.

TIP: If you want a collector to stop calling you, you may write a simple letter to the collector with instructions to cease all contacts.

TIP: If you do not owe the debt, make sure the debt collector has not reported the account to credit reporting agencies. Federal law entitles you to one free credit report from each credit reporting agency per year. You may obtain a free report by calling (877) 322-8228 or going to AnnualCreditReport.com. If a debt you do not owe is on your credit report, you have remedies under the federal and state credit reporting laws.

TIP: If a collector leaves a message on your answering machine which constitutes harassment, save the message and bring it to a consumer attorney.

Successful Case Result

My client was contacted by a local debt collector named Creditcare, Inc. concerning a ten year old account which she did not owe. The collector was abusive to her, and repeatedly called her at work. The collector also contacted my client’s co-workers and her mother. On one occasion, he taunted my client to put her boss on the line, repeating: “fetch her, fetch her, fetch her, fetch her.” We successfully brought an action for damages based on the harassing conduct.

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