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Debt Collection Frequently Asked Question (FAQ) by MinCal Consumer Law

Debt Collection Frequently Asked Question (FAQ) by MinCal Consumer Law

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Published by mincal2010
These questions and answers frequently come up when trying to understand your rights under the Fair Debt Collection Practices Act, especially when it comes to abusive and harassing debt collectors. If you have any questions visit us at http://www.mincal.com or call us for a free and confidential consultation at 888-678-5550.
These questions and answers frequently come up when trying to understand your rights under the Fair Debt Collection Practices Act, especially when it comes to abusive and harassing debt collectors. If you have any questions visit us at http://www.mincal.com or call us for a free and confidential consultation at 888-678-5550.

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Published by: mincal2010 on Apr 15, 2010
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We Stop Abusive and Harassing Debt Collectors
© 2010 MinCal Consumer Law GroupMinnesota & California888-678-5550
DISCLAIMER
These questions and answers
DO NOT
constitute legal advice and does not create an attorney/clientrelationship between you and MinCal Consumer Law Group. They are intended to provide you withgeneral information to improve your consumer literacy and give a broad understanding of typicalsituations. You should note that consumer protection laws may differ in each state. Laws frequentlychange through legislative amendments, developing case law, and federal/state regulations.
Your legalrights and remedies will depend on your particular circumstances, documents, and evidence
. If youhave any questions about your rights visit http://www.mincal.com or call us toll free at 888-678-5550 for a free consultation.
Questions and Answers about Debt CollectionQ: A debt collector is calling me at all times of day and night. Canthey do that?
A:
NO
. A debt collector may not call you at unreasonable hours or cause yourtelephone to ring repeatedly or continuously. Download our collection log athttp://www.mincal.com/images/debt_log.pdf  and keep track of all the phonecalls you receive. You are encouraged to consult with an attorney to find outmore about your rights as a consumer. You can always call us for a freeconsultation.
 
Q: Can debt collectors threaten me with criminal charges like sayingthey will report me to the police and I will be arrested or can theythreaten to take my kids away
if I don’t pay?
A:
NO
. Federal law (FDCPA) was enacted to protect consumers against this sortof abuse. In addition, California statutes provide additional protection toconsumers against debt collection abuses. Debt collectors have to be truthfulwith you, and cannot misrepresent anything to you in order to succeed in theircollection efforts. We suggest you download our free collection log athttp://www.mincal.com/images/debt_log.pdf  and keep track of all the calls andstatements made to you.
 
We Stop Abusive and Harassing Debt Collectors
© 2010 MinCal Consumer Law GroupMinnesota & California888-678-5550
Q: Can debt collectors call my house?
A:
Yes
, only within reason and certain hours, and as long as you are notinconvenienced by it. They cannot continue to call, if you have informed themthat their calls are causing inconvenience to you. When they do call your house,with a few exceptions, they may only talk to you or your spouse about your debt.It is very important that you SAVE all your communications with debt collectors,whether they are a written document, or voice mail left on your phone. Wesuggest you download our free collection log athttp://www.mincal.com/images/debt_log.pdf  and keep track of every phone callyou receive.
Q: Can debt collectors call my employer (boss) at work?
A: Debt collectors can call your employer only under very limited circumstances,i.e. to verify employment and current location. A debt collector cannot discussyour consumer debt with anyone, but you or your spouse. If the debt collector iscalling you at work, you need to inform the debt collector that it is inconvenientfor them to call you at work. If your employer has a policy against receivingpersonal calls, you can let the debt collector know about that. It is best that youfollow up any verbal objection to the debt collector calling you at work, with awritten letter informing them of the same. Keep a copy of the letter, and if possible use certified mail service and save the receipt. If the debt collectorcontinues to call you after your objections, then they may have violated yourrights and you can sue them. We suggest you download our free collection log athttp://www.mincal.com/images/debt_log.pdf  and keep track of all the calls andstatements made, and contact an attorney to determine whether you may have acase. You can always call our office for a free consultation.
 
We Stop Abusive and Harassing Debt Collectors
© 2010 MinCal Consumer Law GroupMinnesota & California888-678-5550
Q: Can the caller (debt collector) lie to me?
A: A debt collector has to be truthful with you and cannot misrepresent facts tocollect a debt. The debt collector may not falsely represent himself or herself as alawyer, or as a governmental agent, or make the false representation that he orshe is a consumer reporting agency, or make other fraudulent statements. Wesuggest you download our free collection log and keep track of all the calls andstatements made to you at http://www.mincal.com/images/debt_log.pdf . 
Q: Is a debt collector required to send me anything in writing?
A: After the initial contact by a debt collector to collect an alleged debt, the debtcollector is obligated to send you a written notice within 5 days to notify you of your rights, if the initial written contact fails to state those rights. In some states,such as California, this requirement also applies to original creditors. Many debtcollectors fail to send this notice, but if you do receive one, make sure you giveyour consumer attorney a call to see if the letter violates any of your rights. Keepevery letter, including envelopes you receive from debt collectors. Any noticesfrom them must comply with federal and state laws. Feel free to give our lawyersa call at 888-678-5550 to discuss your rights and whether they were violated.
Q: What
should I do if I’m sued?
A: Do not ignore this. You should seek immediate legal advice. Many debtors,including you, may have defenses to these lawsuits and many creditors assume,and count on the fact that consumers may ignore the lawsuit and loose bydefault. You should get immediate legal representation to fight for you, as youmay not owe the amount you are being sued for.

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