It can happen to anyone: you suffer
a financial set-back like the loss of a job, and you are unable to make timely
payments on a debt. What can you do?
Validate
If a
debt collector contacts you request information such as the amount owed and date
of last payment.
Challenge it
You can write the creditor to say
you’re disputing the debt. Be as specific as possible in your letter.
Say why the debt collection attempt is not valid, including information
about payment history or why the debt may not be yours and any other relevant
information.
Pay it off?
Although you may think paying at
least a little bit will get the creditor off your back, it can make things much
worse. Making even a single payment on time-barred debt can bring it
back from the dead and reset the statute of limitations.
Harassment and
Fraud
State law prohibits the use of
harassment and abusive collection tactics. It is illegal for any debt collector
to:
threaten violence or other
criminal acts;
use profane or
obscene language;
falsely accuse the consumer of
fraud or other crimes;
threaten arrest of the consumer,
or repossession or other seizure of property without proper court proceedings;
use the telephone to harass
debtors by calling anonymously or making repeated or continuous calls;
make collect telephone calls
without disclosing the true name of the caller before the charges are accepted.
The use of fraudulent or deceptive
practices is also prohibited, including:
using a false name
or identification;
misrepresenting
the amount of the debt or its judicial status;
sending documents to a debtor that
falsely appear to be from a court or other official agency;
failing to
identify who holds the debt;
misrepresenting the nature of the
services rendered by the collection agency or the collector;
falsely representing that the
collector has information or something of value in order to discover
information about the consumer.
If you believe that your rights
have been violated by a Debt Collector, I have the professionalism and
experience to be a vigorous advocate for your issue, large or small. Call to schedule a consultation today.
Frye, Oaks, Benavidez, and O’Neil
713 227-1717
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