Debt Collection Harassment Archives - Vullings Law Group LLC

Steps Against Phone Harassment

Brent Vullings — Tue, 13 Jun 2017 00:53:36 +0000

Many Americans have been the victim to phone harassment from credit agencies and collection companies due to unpaid bills, or even worse, errors or mistakes on their credit reports. The Fair Credit Reporting Act is a protection law that helps defend the consumer and defines what collectors are and are not allowed to do.

What They Cannot Do

If you notify the collector with a written notice that states you would no longer like to be contacted, they are not allowed to call you.
They cannot to contact your family or friends.
The only people they can contact is your spouse or attorney.
If you have an attorney, collectors must talk to them.
They should not use profanity or threaten you with imprisonment or violence. They also have no right to take your property.

What They Can Do

They are allowed to use social media to find your phone number. Check out your Facebook account to see if your phone number is listed. If it is, eliminate it.
They can purchase your number legally. Grocery stores, banks, or any business that you have given your number to can put it on a list that is then bought by debt collectors.
Collectors are allowed to contact your place of employment, unless your employer tells them to stop.

If you are constantly harassed, or the debts you are held accounted for were reported incorrectly, you are allowed to prosecute. Contact Vullings Law today for a free review of your case.

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Debt Collection Statute of Limitations: Know Your Rights!

Brent Vullings — Thu, 30 Jul 2015 18:38:12 +0000

Living with debt is a difficult proposition for most. You’ve undoubtedly been told by a financial advisor or loved one that there is good debt (home mortgage, auto loan, student loans) and bad debt (overdue credit cards). Regardless of the type of debt you have, all debt comes with a statute of limitations. If you’ve been receiving phone calls from debt collection agencies threatening to sue you for old debts you may have forgotten about, it’s vital that you learn the facts so you can protect yourself against these aggressive and potentially illegal actions.

When Debt is Too Old for a Collector to Sue

This might be the greatest source of confusion for those under the threat of litigation from overzealous debt collectors. How do you know when debt is too old? According to the Federal Trade Commission, state law typically determines how long the statute of limitations extends on debt. Generally speaking, the clock starts when you fail to make a payment on your debt. When the clock stops depends upon the type of debt in question and the law that applies in either your home state or the state specified in a credit contract.

On average, the statute of limitations for written and oral contracts is 4-5 years, with some states using a 3-year limitation and others pursuing a much higher 10-year limitation. Open-ended debts, such as credit cards, have a statute of limitations on debt averaging 5 years. Again though, there are a few that use a 10-year limitation. For a full list of debt types and limitations by state, consult this easy guide from Bankrate.

What to Do When Collectors Threaten to Sue

If you’ve been contacted by a debt collector looking to collect on an old debt, the first thing you can do is tell the debt collector not to contact you again. If you have to, submit your request in writing so you can prove it later on. However, this doesn’t bring about a solution to the situation. Even if you request that they stop contacting you, that will only end the immediate stress of dealing with harassing phone calls.

A debt collector can still pursue a lawsuit against you to collect on your old debts. Once you receive a legal notice of a lawsuit against you, be proactive and order a copy of your credit report. This allows you to identify the debt in question and determine its date of origin. Doing so allows you to verify that the particular account is in fact beyond its statute of limitations.

There are a few things to keep in mind as you begin your defense of a lawsuit against you for old debt:

Never sign an agreement to verify or validate the debt that might be provided to you by the debt collection agency. This is a tactic that many collectors will try. This deceitful approach gets you to validate the debt and results in the statute of limitations restarting fresh from zero.
The debt in question is still money that is owed. Whether your debt statute of limitations has come and gone or not is irrelevant. You still owe the money and it will still have a negative impact on your credit score, but you cannot be sued over it. That is the point in this discussion.
If you are served with a legal notice of the debt collector’s lawsuit, show up in court to defend yourself. According to Credit.com, most consumers ignore these legal notices and have a judgement passed against them because they fail to defend their case. If a judge rules in favor of the debt collector because you fail to appear, you’ll see that money taken out of your paycheck, bank account, or tax refund.

Let Fair Debt Lawyers Help

You have the right to represent yourself in American courts, but the team at Fair Debt Lawyers has the experience and knowledge that you don’t. Allow us to review the status of your old debt, determine the validity (or lack thereof) of a debt collector’s lawsuit, and then represent you in court. In addition to defending you and supporting your case in court, we may even be able to help you bring private action against the debt collector. Suing you for time-barred debt is a violation of the Fair Debt Collection Practices Act (FDCPA), and we can help you defend your legal rights in this area too.

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How To Stop Phone Harassment From Debt Collectors?

Brent Vullings — Fri, 08 May 2015 14:54:52 +0000

Financial worries create additional stress that is damaging to your emotional and physical health. Dealing with the overdue notices and monthly bills from creditors is difficult enough without the harassing phone calls that often accompany your debt. You are no doubt aware of your financial distress, which means you don’t need the constant reminders from aggressive debt collectors calling your home on a regular basis.

A lot of people feel helpless when it comes to fighting back against the abuse of debt collectors. In a past post, we covered some tips to help you “Bring an End to Debt Collection Harassment,” but in this post we’d like to focus more tightly on phone calls. Constant phone calls are the most annoying form of harassment, so what can you do to stop those harassing calls from debt collectors?

Talk to Your Debt Collectors

Many people opt to dodge the calls by hanging up or ignoring future calls. You are well within your legal rights to hang up on debt collectors or refuse to answer their calls, but that doesn’t mean the stream of calls will stop flowing. If you have the courage to do so, engage with your debt collectors.

Answer the phone when they call and find out if you really owe money or not. Speak frankly and honestly with them about what can be done to pay back your debts over time while ending the harassing phone calls. Another benefit to answering the phone is the ability to end rogue and/or illegal collection practices.

In some cases, debt collectors simply confuse identifications. There are a lot of John Smith’s in the world after all. By answering the phone, you can clarify whether or not the debt is actually yours, or is a case of mistaken identity. If you can prove the mistaken identity, the collector is legally obligated to cease further calls to your number.

Pay Off Debts

If you constantly receive harassing phone calls about smaller debts, such as credit cards or a line of credit, you could always start paying off that debt. Place your own call to your creditor and establish a payment plan that works for your finances. Be aware that a lot of creditors will encourage you to use automatic bill pay, but don’t cave to that unless you are certain you can make those automatic payments.

Exercise Your Rights

Under the Fair Debt Collection Practices Act (FDCPA), you have the right to contact debt collectors and issue a cease-and-desist order to collection agencies. You can send a letter request an end to collection calls to both your credit and the collection agency that formally demands an end to harassing calls.

If the debt collection calls don’t stop, that is when the cease-and-desist order comes in to play. If you receive calls after your request to end the calls has been received, the time has come to contact a lawyer and have this form submitted.

Contact a Lawyer

Assuming the steps you’ve taken on your own are not effective in stopping phone calls, it is time to contact a reputable lawyer to support your cause. A lawyer can not only compile and submit your cease-and-desist order, but will also manage your case from start to finish. Your lawyer is there to serve you, and can handle all the paperwork, manage your case moving forward, and ensure that the phone calls stop.

There are a few things you can do to aid your lawyer in the process:

Record phone calls: Inform debt collectors from the outset that you are recording the call. If the collector makes any threats or uses abusive/aggressive language, you can turn that recording over to your lawyer.
Don’t Lie: The worst thing you can do is lie to a debt collector on the phone, because they too are recording conversations and can use those lies against you later.

If you want to bring an end to the harassing phone calls, contact Fair Debt Lawyers to learn more about how our licensed attorneys can help you.

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“Phantom Debt Collecting” Scam

Brent Vullings — Wed, 29 Apr 2015 17:11:28 +0000

The latest consumer scam is something called “phantom debt collecting.” Usually the scam begins with a phone call where the caller alleges a victim owes money for something. An intimidating voice on the other end informs the victim that he or she owes money and must pay up immediately or face legal action. However, in this scam, the debt doesn’t even belong to the victim. Such calls cause many consumers to question whether someone has taken out loans in their name because these con artists are that intimidating and persuasive.

Thousands of consumers have experienced this frightening situation in recent years. This is the second most complained about problem reported by consumers, second only to identity theft. The callers pose as valid debt collectors and may even have a few pieces of personal information, such as the last four digits of your social security number. The caller may inquire about more personal information. In these situations, “phantom debt collecting” could lead to identity theft.

So how do consumers protect themselves? First, if you receive a phone call from someone alleging they are collecting a debt, ask for the company’s name and address and for the name of the original creditor. Hang up if they can’t supply this information. Second, call creditors back yourself at the phone number on your loan paperwork if you’re worried about the status of an unpaid debt. Third, it’s probably a scam if the amount demanded is considerably more than any debt you owe. Fourth, check your credit report. Consumers can do this once a year at no cost by going to annualcreditreport.com. It’s probably a scam if the debt the caller alleges you owe is not listed on your credit report. Finally, if the debt collector is abusive or threatens legal action or arrest, do not be intimidated. You cannot be arrested over unpaid debt. Demand that written notice of the debt be mailed to you by the alleged debt collector.

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Bring an End to Debt Collection Harassment

Brent Vullings — Tue, 07 Apr 2015 20:42:53 +0000

You’ve undoubtedly heard the old saying that “knowledge is power.” Although it may seem cheesy, perhaps even overused, there is a lot of truth to this phrase. The more informed you are, the better you are able to protect yourself in certain situations. Take debt collection harassment as an example. Millions of Americans receive phone calls each day informing them that they have outstanding debt that needs to be collected. These phone calls often include intimidation and outright threats to force people to pay.

The collection agencies using these tactics generally force people to use a credit card over the phone to pay off this debt. There is no shame in carrying debt. In fact, millions of Americans have debt. No one enjoys being saddled with this burden, and everyone with debt would love to be rid of it. Regardless of your situation, debt collection harassment is not something you have to put up with.

If you have debt and have dodged some of these phone calls or other harassment tactics, it’s important to inform yourself about debt collection harassment, common tactics used, and what to do to avoid that harassment.

What Constitutes Harassment?

As an individual with debt, you are not alone in struggling to right the financial ship. According to USNews.com, roughly one in seven Americans face pursuit by debt collectors looking to collect money owed to various creditors. As the number of debt-buying agencies has increased in the 21st century, so too have the scary and illegal tactics used by debt collectors to try and force individuals to pay up on debt.

Debt collection harassment can take many forms. The most common tactic is the use of repetitious phone calls intended to annoy, verbally abuse, or harass you into answering the phone. Most people eventually breakdown and answer the phone; and that is when the intensity of harassment can increase. The practice of repetitious phone calls is, in and of itself, illegal. On top of that, the use of obscene or profane language, threats of violence or harm, and embarrassment are also illegal.

What do we mean by embarrassment? This particularly nasty form of harassment involves a debt collector publishing a list of names of people who refuse to pay their debts online in various locations. While it is legal for debt collectors to report information to credit bureaus, it is not legal to post that information anywhere else on the web. This is often used to try and shame people into paying debt.

Last but not least, you should be wary of discussing your debt on the phone with any individual who fails to identify themselves. Debt collectors are required to identify themselves as such when they call you.

How to Prevent and Stop Debt Collection Harassment

When it comes to preventing debt collection harassment, good record keeping can make the difference between feeling intimated and fighting back against harassment. Debt collectors should send you letters or other documents informing you of the accounts overdue and amounts owed. Keep copies of all these documents in your home and also retain a copy of any notes, letters, or documentation that you send to debt collectors.

This will help you when you come up against harassing behavior from a debt collector. In some cases, debt collectors are not outwardly abusive on the phone, but instead deploy deception designed to mislead you on your debt. Common misrepresentations of your debt include:

Altering the amount you owe
Informing you the person is an attorney
Threats that you could be arrested over your debt

In addition to these files, record the date and time of conversations you have with debt collectors, as well as notes about the topics discussed during that conversation. Keeping records of your interactions with a debt collector will help you keep the details straight and make it easier to identify attempts to lie or mislead.

When it comes to stopping harassment altogether, knowledge is again the key to power. The Fair Debt Collection Practices Act (FDCPA) was created specifically to protect consumers from debt collection harassment. It prohibits the use of certain behavior by collectors and prevents collectors employed by third-party collections agencies from engaging in any sort of illegal harassment.

However, the act does not cover the behavior and transgressions of collectors hired by original creditors. Courtesy of the act, you do have the power to fight back in the face of harassment. You can start by sending the offending collector a letter informing them they must stop contacting you, as the FDCPA requires them to obey that request.

Document all of the harassing and illegal behavior on the part of the debt collector. Compile all of that information and submit a formal complaint with the Federal Trade Commission. You also have the option of sending a letter to your state’s agency dealing with creditor harassment. In extreme cases of debt collection harassment, you do have the option of suing a debt collector. This option should only be considered if you have a very strong case and can accurately document harassment that would be considered over the top.

Help from Fair Debt Lawyers

As we’ve discussed throughout this post, you have the freedom to protect yourself against debt collection harassment. State and federal laws exist to protect all consumers from deceptive and/or abusive tactics on the part of debt collectors. With the help of Fair Debt Lawyers, you can bring an end to the harassment by getting an advocate who works on your behalf. Our legal team will send letters to your creditors requesting an end to collection calls, ask for proof of your debt, and help you keep track of the annoying phone calls.

We can even track the harassing phone calls, letters, and emails you receive, access phone records to establish a track record of abuse, and file a lawsuit on your behalf when creditors refuse to bring an end to harassing behavior.

Your life is full of enough stress when you have debt. There is no need to add to that stress by dealing with the constant barrage of phone calls and abusive language. Bring an end to the stress and receive the guidance you deserve with the help of Fair Debt Lawyers.

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