Debt collectors are prohibited from using abusive, deceptive or unfair collection methods by state and federal law. Debt collectors often violate the law by attempting to collect "debts" which are not even owed, or which are prohibited by laws such as the statute of limitations or the anti-deficiency laws following a foreclosure.
TIP: If you want a collector to stop calling you, you may write a simple letter to the collector with instructions to cease all contacts.
TIP: If you do not owe the debt, make sure the debt collector has not reported the account to credit reporting agencies. Federal law entitles you to one free credit report from each credit reporting agency per year. You may obtain a free report by calling (877) 322-8228 or going to AnnualCreditReport.com. If a debt you do not owe on your credit report, you have remedies under the federal and state credit reporting laws.
TIP: If a collector leaves a message on your answering machine which constitutes harassment, save the message and bring it to a consumer attorney.
TIP: Here are some other ways collectors often violate the law:
- Threatening to file a lawsuit when they have no intention of doing so, or when the debt is so old that the statute of limitations has expired
- Threatening to tell your co-workers, friends, and neighbors about the debt.
- Refusing to provide verification that the debt is owed.
