Defense From Creditors

Protection From Abusive Debt Collectors

If you want to Stop Collection Calls Now, Matt A. V Mitcham, a Tampa Defense Attorney, understands that debt is something most honest, law abiding citizens will deal with at least once in their lives. For many people, despite their best attempts to pay their bills on time, every time, economic or personal financial circumstances arise that hinder their ability to pay. It is not a situation that those in debt are proud to be in, nor is it “inspiring” to be made to feel embarrassed when debt collectors abusively call for the sole purpose of humiliation, in an attempt to harass you to the point of submission. Abusive debt collectors force many people to live in fear, and grapple with the very unfortunate decision of using their last few dollars to feed their families, or to pay off the debt collector to make the harassment stop.

Just as being in debt is a part of life for most of us, so, too, are calls from collection agencies. But, do you know the difference between fair debt collection and unfair debt collection? If you are dealing with abusive, harassing phone calls from debt collectors, Mitcham Law Firm is here to help you stop collection calls now. Please browse this website to learn more about how we can help you stop abusive debt collectors cold in their tracks, and reclaim your dignity.

Know your rights

Stop Collection Calls Now

Things collectors Do That Violate Your Rights.

1. Inform you, that you have to pay more than you actually owe. A collector cannot misrepresent and try and collect more than you owe on a debt. Exception: The contract you have with a creditor that turned your debt over to collections allows the debt collector to do that. [15 USC 1692e] § 807(2)(a)

2. Inform you that you will have to pay additional fees, interest, or expenses that are not allowed by law. They are not allowed to add on any additional fees that are not stated in original credit or loan agreement.
[15 USC 1692f] § 808(1)

3. Repeatedly or continuously calling
The FDCPA considers this harassment and harassment is illegal.
[15 USC 1692d] § 806(5)

4. After being told your employer doesn’t allow personal calls, the collector continues to call.

5. Insult you, use abusive, obscene, or profane language
Using language like this is considered harassment.
[15 USC 1692d] § 806(2)

6. Threaten to harm you. Threaten you with the loss of your reputation or with jail time.

7. Call before 8:00 am or after 9:00 pm
Calls outside of 8am-9pm, these times are considered harassment.
**You do not have to talk to debt collectors.
** The FDCPA entitles you to tell debt collectors not to call you again
[15 USC 1692c] § 805(a)(1)

7. Calls at unusual times the collector knows or are known to be inconvenient. Calls at these times are considered harassment.
[15 USC 1692c] § 805(a)(1)

8. Threaten to use violence, or use violence if you don’t pay the debt
[15 USC 1692d] § 806(1)

9. Threaten you with a law suit if they cannot or will not take action. Collectors can’t threaten to file suit or file charges against you, garnish your wages, take take your property, cause you to lose your job when the collector cannot or is not intending to take these actions against you.
[15 USC 1692e] § 807(5)

10. Illegally inform a third party about your alleged debt Unless you have expressly given permision, collectors are not allowed to inform anyone about your debt except:
a) your attorney
b) the creditor
c) the creditor’s attorney
d) a credit reporting agency
e) your spouse
f) your parent (if you are a minor)
[15 USC 1692c] § 805(b)

11. Can NOT Contact your relatives, friends, associates, neighbors about your debt in order to cause embarassment, to pressure you into paying a debt. Debt collectors can only contact the aforementioned people to obtain information about how to contact you ( Phone Number, Address), but they are not allowed to mention your debt.

12. Call a third party repeatedly to obtain the information about your location. A collector can only contact a third party 1 time unless the collector has reason to believe the previously provided information is false.
[15 USC 1692b] § 804(1)

13. Call after receiving a letter sent by your or council asking the collector to STOP CALLING YOU. Exception: To inform you the collection agency is pursuing legal action against you.

14. Lead you to believe that he/she is a lawyer, private detective, or credit bureau representative.

15. Send Correspondance about your debt that clearly indicates that a debt collector sent it. Examples: using a postcard or an envelope that clearly shows it was sent by a debt collector.

Stop Collection Calls Now

Fair Debt Defense Services

1. Written letter from an Attorney asking to cease communication pursuant to the Fair Debt Collection Practices act.

2. Written letter from an Attorney disputing the debt and asking for all documentation validating the debt and to inform all credit bureaus that they reported to that you are disputing this debt.

3. Review your situation to see if a collector has violated the Fair Debt Collection Practices Act. You may be able to sue the company that is violating your fair debt rights or fair credit rights for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!