Debt Collection
Consumer debt is money owed for personal, family and household obligations. Consumers that have fallen behind on repaying credit cards, personal loans, medical or utility debts, or mortgages may be contacted by a debt collector for payment. Sometimes, consumers are contacted by debt collectors because an error was made on their account. Whether a debt is owed or not, consumers have the right to be free from deceptive, unfair and abusive debt collection tactics on the part of debt collectors, collection agencies, or law firms acting as debt collectors.
Federal law, The Fair Debt Collection Practices Act (“FDCPA”), provides consumers with several protections and allows a consumer to sue a debt collector for violating the law. Consumers can sue the collector for actual and punitive damages who violate the Fair Debt Collection Practices Act. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, debt collectors may not – either over the phone or through the mail:
- harass, oppress, or abuse you or any third parties they contact
- continue collection efforts after you write them to stop
- continue collecting after you write to tell them you’re represented by an attorney
- use any false or misleading statements when collecting a debt.
- represent that they operate or work for a credit bureau
- misrepresent or inflate the amount of your debt
- indicate that papers being sent to you are legal forms when they are not
- threaten to garnish your wages (in Pennsylvania, Texas or Florida)
- threaten to take an action they can’t take legally or don’t intend to take
- fail to disclose that they’re a debt collector
- give false credit information about you to anyone, including a credit bureau
- collect any amount greater than your debt, unless permitted by law
- call you after 9:00 p.m. or before 8:00 a.m., without your consent
- engage in any other false, deceptive or abusive conduct
- miscalculate interest, penalties or other charges
If you believe your rights have been violated by a debt collector, send us your debt collection letters and documentation of the debt collector’s phone contact with you. CONTACT US.
Debt collectors sued by Cary Flitter
Consumer law advocate Cary Flitter has helped numerous clients over the past twenty years. The following is a partial list of the companies and organizations he has sued on behalf of his clients:
Accounts Receivable Technologies
Account Solutions Group
Affinity Receivable Management
Allied Interstate
Delta Management
Eastern Asset Management
Evans Law Associates
Evergreen Professional Recoveries
Federated Financial Corp. of America
First National Collection Corp.
Global Vantege
KCA Financial Services
Law Office of Paul Coleman
Law Office of Laurence Hecker
Law Office of Gerald E. Moore & Associates
Law Office of Christopher Ranieri
Law Office of Thomas J. Russell
Law Office of Schettine & Nguyen
Law Office of J. Scott Watson
Malcolm S. Gerald & Associates
NAFS-National Action Financial Service
National Credit Adjusters
Nationwide Collections, Inc.
Palisades Collections
Pinnacle Credit Services, LLC
Pro-Line Solutions Group
Remit Corporation
RJM Acquisitions, LLC
RMCB - Retrieval Masters Creditors Bureau
Rickart Collection Systems
Shapiro Law Office
Superior Asset Management
Debt Collection - Resources
- Consumer Justice: Voice of the American Consumer
- Fair Debt Collection Practices Act
- Federal Trade Commission
- National Association of Attorneys General
- National Association of Consumer Advocates
- National Consumer Law Center
- New Jersey State Attorney General
- Pennsylvania State Attorney General
YouTube Video
Maxed Out is a 90 minute film which takes viewers on a journey deep inside the American style of debt, where things seem fine as long as the minimum monthly payment arrives on time. With coverage that spans from small American towns all the way to the White House, the film shows how the modern financial industry really works, explains the true definition of "preferred customer" and tells us why the poor are getting poorer while the rich keep getting richer. Hilarious, shocking and incisive, Maxed Out paints a picture of a national nightmare which is all too real for most of us." (Released: 6/5/2007; James D. Scurlock, Director; Truworks Production Co.)
Debt Collection - Self Help
Written Communication
When communicating with a debt collector, it is very important to document the contact. Be sure to KEEP ALL PAPERWORK: letters from creditors, letters from collectors, sales receipts, cancelled checks, invoices and all other materials related to the debt. Any letters you send, be sure to keep copies for your files. Letters should be sent via CERTIFIED MAIL, Return Receipt Requested. You will arrange for this at the post office by filling out a green form that is attached to your envelope. Once the postman delivers your mail to the collector, the post card is signed by the recipient, with date and time, then returned to you. Keep the green postcard with the copy of the letter you have sent. It is your proof that the collector received your correspondence.
- Sample Letters
Phone Communication
To bring a successful lawsuit against the debt collector, it’s important that you document all contact from the debt collector. Whether the contact is by phone, mail or in person, IMMEDIATELY write down the date, time, debt collector’s name and agency, and content of the conversation. To assist with documentation of collection phone calls, use a Collection Call Log.
- Collection Call Log
Third Party Contact
If a debt collector has contacted someone other than yourself about your debt, perhaps a relative, friend, neighbor or co-worker, it is very important to document that contact. Ask the person to write a statement indicating date, time, collector’s name and agency, and the content of the conversation.
- Third Party Contact Statement
Sample Letters
| Attachment | Size |
|---|---|
| Cease and Desist | 28 KB |
| Validation of Debt / Itemization of Debt Collection | 29 KB |
| Payment Plan Agreement | 28 KB |
| Contact My Attorney | 27 KB |
| Stop Automatic Withdrawal from Bank Account | 27.5 KB |
| Dispute Unauthorized Charges | 72.5 KB |
| Third-Party Statement | 28.5 KB |
| Collection Contact Log | 36.5 KB |