You Can Stop Abusive Debt Collections

Who do we help?
Who can't we help?
Who is a debt collector?
What debts are covered?
Can't afford an attorney to sue a debt collector?
Abusive debt collectors won't stop?
What can you do to stop the calls?
When can debt collectors contact you?
When can debt collectors contact other people about you?
How do you know if it is your debt?
How long can they collect a debt?
What will they do if they already have a judgement?
What can you do?

FAIR DEBT COLLECTION PRACTICE ACT (FDCPA)

In 1977, Congress passed the Fair Debt Collection Practice Act to try to stop debt collectors from abusing people who owed personal debts. Debt collectors who don't follow the law should be sued and held accountable for their bad acts. If a debt collector is abusing you, give us a call at (417) 8NO-DEBT and let us see if we can help. WE SUE ABUSIVE DEBT COLLECTORS.

WHO DO WE HELP?

We help people with personal debts who are being abused by debt collectors.
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WHO CAN'T WE HELP?

We cannot use the FDCPA to help people with personal debts who are being harassed by an original creditor. We cannot use the FDCPA to help people who have business debts, even if they are being abused by debt collectors.
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WHO IS A DEBT COLLECTOR?

A debt collector is anyone who regularly collects debts owed to other creditors. For example, if Sears calls to collect a bill you owe to Sears, they are not debt collectors under the FDCPA and are not subject to FDCPA rules. However, if Acme Debt Collection Company calls to collect a bill you owe Sears, then Acme is a debt collector under the FDCPA and is subject to FDCPA rules. Original creditors can be debt collectors if they use a name other than their own to collect their debts. Attorneys who regularly collect debts for their clients are also debt collectors under the FDCPA.
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WHAT DEBTS ARE COVERED?

Debts that are for personal, family or household needs are covered by the FDCPA. This includes, among other things, money owed on credit cards, medical bills, student loans, signature loans, repossession and foreclosure deficiencies. Business debts are not covered by the FDCPA. Alimony, child support, criminal penalties and fines, and other things like criminal restitution are not covered by the FDCPA.
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Read about types of FDCPA violations.

CAN'T AFFORD AN ATTORNEY TO SUE A DEBT COLLECTOR?

No worries. If we take your case, you won't have to pay us a penny unless we win. Then, it will only be a portion of the money you get from the debt collector. The fee agreement is a "contingency fee agreement" which means that we will be paid only if we win. If we don't win, then you won't owe us anything. In a successful FDCPA case, you may be entitled to:

1. Statutory damages up to $1,000.00.

2. Actual damages - such as lost wages or medical bills.

3. Attorneys fees paid.

4. Costs paid - such as filing fees, deposition fees, etc.

If you think that you have been abused by a debt collector in violation of the FDCPA, call us at (417) 8NO-DEBT and let us see if we can help. WE SUE ABUSIVE DEBT COLLECTORS.
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ABUSIVE DEBT COLLECTORS WON'T STOP

All debt collectors want a payment or a promise to pay. Abusive debt collectors will not stop calling and harassing you unless they get either a payment or a promise to pay. Even if you make a payment or a promise to pay, many of them will still call back the very next day if you haven't been able to pay the debt in full. IMPORTANT: If you cannot make a payment, do not pay the debt collector with your rent or mortgage payment. Do not pay the debt collector with the money needed to pay your utility bill or buy groceries for your family. DO NOT agree to automatic withdrawals from your checking account. NEVER give a debt collector access to your checking account. Do not agree to put the payment on a friend or family member's credit card.
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WHAT CAN YOU DO TO STOP THE CALLS?

There may be some things you can do to slow down the debt collectors until you have had some time to recover. To get the debt collectors to stop calling, you can simply ask them to stop calling. When they call, tell them that you cannot pay; that you are unemployed (or whatever your situation) and you do not have the money to pay them right now. Ask them to stop calling you while you can't pay. The FDCPA requires that the debt collector stop phoning you at home and at work when you have asked them to stop. You can tell them that you will follow up with a certified letter of request that they stop calling. You can tell them that if they continue to call you, you will report them to the Federal Trade Commission and to the Attorney General's Office. Remember, just asking a debt collector to quit calling only works with debt collectors who follow the law. Abusive debt collectors will continue to call—no matter what you do or say.

After you have verbally told them to stop calling, you must make the request in writing. When they call you at work or at home, tell them to stop calling and then follow up with a cease and desist letter and send it by certified, return receipt requested mail and regular mail. Debt collectors still have the right to call you even after you have asked them to stop to tell you (1) that they are giving up their collection efforts, (2) that they are turning it over to an attorney, or (3) if they are going to sue you. If they contact you after you have asked them to stop, for any other reason, you may have the right to sue them.
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WHEN CAN DEBT COLLECTORS CONTACT YOU?

Debt collectors can make contact with you face-to-face, by mail, by telephone, by telegram, or by fax. Even email, text messages or other electronic communication are acceptable ways for a debt collector to contact you. When they call you on the phone, debt collectors can call between the hours of 8:00 a.m. and 9:00 p.m. They are not allowed to contact you at any other time, unless you have an unusual schedule that warrants calls at a different time. For example, it would be inconvenient for them to contact you at 8:00 a.m. if you are working on 3^rd shift because you are likely sleeping at that time of the day. If the debt collector calls and it is a bad time, tell them "this is not a convenient time" and let them know what time is convenient. A debt collector cannot call you at work after you have told them that your employer would disapprove. Make sure you follow up that request in writing with a cease and desist letter.
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WHEN CAN DEBT COLLECTORS CONTACT OTHER PEOPLE ABOUT YOU?

Debt collectors cannot contact you if you have told them you have an attorney. Once the debt collector requests verification of representation from the attorney, the attorney must respond within a reasonable time to verify they represent you for this rule to apply. Debt collectors cannot call other people and talk to them about your debt. They can call other people to try to get your contact information if they don't know how to contact you. If they know where you are, they cannot call your friends, neighbors and employer and tell them that you owe money.
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HOW DO YOU KNOW IF IT IS YOUR DEBT?

Within five days after first contacting you about paying a debt, the debt collector must send a written notice to you that includes the name of the creditor and the amount of the debt. The written notice from the debt collector must include a statement that the debt will be assumed to be valid unless disputed within 30 days. If you dispute the debt, the debt collector must verify it and send a copy of the verification or judgment. During the first 30 days after the initial contact from the debt collector, you have a right to send a validation request. To be valid, your request must be in writing. Make sure you send it certified mail, return receipt requested, so that you will have proof that you mailed the letter.

Once the debt collector has received your validation request, they must send you proof that they own the debt or have been assigned the debt by the original creditor. It is not enough for the debt collector to send you a printout of the amount owed. If they do not verify the debt within 30 days of your request, they are not allowed to continue to attempt to collect the debt from you. They are not allowed to list it on your credit report. If they list it on your credit report, send a copy of the debt validation letter along with your certified return receipt to the credit bureaus and that may help to get the debt removed from your credit report.
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HOW LONG CAN THEY COLLECT A DEBT?

"Statute of Limitations" is the time within which a lawsuit must be filed or it cannot be filed. The deadline can vary, depending on the type of lawsuit. In the state of Missouri, the following limitations apply:

• ORAL CONTRACT: An oral contract is an agreement that was made verbally. No contract was written or signed when the agreement was made. Oral contracts are legally binding. 5 YEARS
• WRITTEN CONTRACT: A written contract is an agreement made on a printed document that has been signed by both the lender and the borrower. 10 YEARS
• PROMISSORY NOTE: A promissory note is a written contract that includes a specific promise to pay. The promissory notes include the interest rate, repayment schedule and the consequences of default. 10 YEARS
• OPEN-ENDED ACCOUNTS: An open-ended account is an account that has a varying, revolving balance. A credit card is an example of an open-ended account. 5 YEARS
• JUDGMENT: A judgment is a formal decision made by a court following a lawsuit. 10 YEARS
• FDCPA CLAIM: Any claim against a debt collector who has violated the FDCPA must be brought within one year of the occurrence of the violation or it is barred. 1 YEAR
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WHAT WILL THEY DO IF THEY ALREADY HAVE A JUDGMENT?

Once a debt collector sues and gets a judgment against you, they are entitled to do other things besides call and ask for money to collect their debt. They can garnish up to 25% of your net wages, unless you are a head of a household and then it is 10% of your net wages. (NOTE: You have to let the people garnishing your wages know that you are going to exempt your wages under the head of household exemption.) If they are going to garnish your wages, you will usually find out about it from your employer. They can also seize your bank accounts or other deposit accounts. You usually find out about a bank account seizure when you stop to fill up your tank at the gas station and your debit card doesn't work. They usually seize the entire bank account and by the time you figure out what has happened, all your checks have bounced. They can also record a lien against any real property (like your house) that you own which will have to be paid when you sell or refinance your property.
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WHAT CAN YOU DO?

If the debt collectors already have a judgment and they got it lawfully, you can pay the judgment or file bankruptcy. Once they get the judgment, some debt collectors are fairly easy to work with to get payments set up. Other debt collectors want you to pay more than you can afford and the only real solution is to file bankruptcy. Occasionally, if the debt collectors were unlawful and violated the FDCPA rules, you may have a claim against them. For us to evaluate your claim, we need for you to gather as much evidence as possible. If they have a judgment, go to the courthouse and get a copy of the judgment file. Save every correspondence between you and the debt collector. Save billing statements or invoices from the debt collector. Download the Collection Log form and log every contact on the Collection Log. If you think that you have been abused by a debt collector in violation of the FDCPA, call us at (417) 8NO-DEBT and let us see if we can help. WE SUE ABUSIVE DEBT COLLECTORS.
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