Debt Collectors are governed by the Fair Debt Collection Practices Act (“FDCPA”). A debt collector, under this law, is a third party to the debt that attempts to collect a consumer type debt.
Under this federal law, there is information that they are REQUIRED to give you. There is also a pile of things that they cannot say. The FDCPA is your friend. Use it. How? Here are some examples of how third party debt collectors violate the FDPCA:
Calling you before 8 a.m. or after 9 p.m.
Calling you after you have instructed them to stop
Calling third parties and informing them of the debt such as friends, family and employers
Calling you repeatedly, especially after you have told them to stop contacting you.
Threatening you with garnishment, judgment and property seizure when they don’t have the present right or intention of taking that action
Threatening you with law enforcement
Failing to send you a written demand letter; that identifies the debt and the creditor and your rights to dispute the debt
Continuing attempts to collect a debt after you have demanded validation of the debt and they have not provided it
Lying, swearing or cursing at you
Calling you on your cell phone after you have told them to stop… AND MANY MORE
If you are uncertain whether you have a case under the FDCPA, contact us for a free, no obligation consultation. You can reach Attorney Gary Nitzkin, licensed in MI only at Gary@crlam.com or call us at (404) 591-6680
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It was very easy to talk with Gary. He explained what happened to us and then contacted the bill collector. We didn’t have to do anything… Gary made the debt go away completely. Gary’s office was very efficient. They just took care of us. He told us to relax and he’d take care of it, and he did.
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The creditor continued to put hard hit inquiries on my credit report after bankruptcy. Gary forced them to remove all the negative inquiries that were causing my score to drop. Gary was very knowledgeable. He gave me his undivided attention. He told me with confidence that we’ll win this and he did! He knew how to stop them.
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