Arizona Criminal Attorney

The Fair Debt Collection Practices Act lays out clear rules about what debt collectors can and can’t do — and it allows you to sue if you believe your rights have been violated.

Here’s what you need to know if a debt collector calls you:

Debt collectors can call only between 8 a.m. and 9 p.m. They can call you at work, but have to stop if you tell them your boss doesn’t approve.
You can write to a collection agency to demand it stop calling you at home, too, but that won’t make a legitimate debt go away: A creditor could choose to note the debt on your credit report or seek a court judgment against you.

In writing: Within five days of contacting you by phone, the debt collector must send you a letter telling you the amount you owe, the name of the creditor you allegedly owe it to and instructions for disputing if you don’t believe the debt is yours. If you get a collection call, log the date on your calendar and start looking for that letter.

Taping: If you’re getting calls you believe are abusive, you might consider taping them. Most states, including Michigan, allow you to record phone calls as long as one party to the conversation (for example, you) knows the call is being recorded. A few states require everyone on the line to know. Check the rules before you tape.

Record-keeping: Getting one debt collection call could mean you’re in for others. That’s because debts may be resold over and over. Or if a consumer demands verification, the account may be bounced back to the original account holder, who ships it off to a new debt collector. To protect yourself, keep copies of letters, logs of calls, canceled checks or other documents relating to the account — and plan to keep them for years.

Fighting back: If you suspect a debt collector isn’t playing fair, call Thompson Law Firm today at (480) 634-7480 to schedule an appointment. You may also want to complain to the Federal Trade Commission (1-877-382-4357) and .

You can also stop repeated or harassing calls by going to court. Our experienced law team specializes in consumer debt collection cases and can be reached at (480) 634-7480.

More information: The FTC’s free Fair Debt Collection fact sheet is available online (by clicking the link right here) or call 1-877-382-4357.

Calling No-Nos: Debt collectors are forbidden to:

• Harass you or people who know you.
• Talk to anyone except you (or the attorney that you designate) about the debt.
• Call people you know for any reason except to locate you.
• Physically or verbally threaten you.
• Swear at you or call you names.
• Call you repeatedly (or call you right back if you hang up on them).
• Imply they’re government employees or work with government agencies.
• Say they’re attorneys, if they’re not.
• Falsely imply you’ve committed a crime (debts are civil, not criminal).
• Misrepresent the amount you owe.
• Ignore your written denial of the debt. (They need to show you proof it’s yours or assure you the matter has been dropped.)

If you have questions about debt collection practices that are not covered here or on the Federal Trade Commission Web site, an debt relief counselor from Thompson Law Firm can help you. Call our office today: 480.634.7480 — if you need to file bankruptcy in Arizona, we offer a number of options for consumers. A Thompson Law Firm Phoenix Bankruptcy Attorney will be happy to assist you.

CLICK HERE FOR CREDITOR COMPLAINT LETTERS

Originally published here.

www.weingartlawfirm.com At the Weingart law firm, our Arizona criminal defense lawyers are out to help people, explaining their rights to them in simple terms. Our attorneys serve Phoenix, Tempe, Chandler, Mesa, Gilbert, Scottsdale, Glendale, Peoria, Pinal County, and more.