There are many reasons why you may receive a call from a debt collector. Perhaps you fell behind on your bills due to a lack of employment, or maybe you forgot about an old debt. Now you’re receiving phone calls and letters, which can be frightening if you’ve never been in such a situation.
By simply knowing your rights, you can ease the process and fight back against debt collectors. You should know that a debt collector is not allowed to take money out of your paycheck unless a legal court settlement has been established nor are they allowed to threaten, insult, or demean you.
To deal with debt collectors, you can begin by making sure that any interaction with them is documented. Keep any letters they send you, take notes during phone calls, and keep copies of any letters you’ve sent to them. If you get sued by a debt collector, having enough documentation can help your case.
Check your credit to make sure that the debt being collected is one you actually owe. There are situations where a debt will be created in your name due to identity theft. Visit annualcreditreport.com to see whether there is evidence of the debt on your report. If no record exists, you may want to file a complaint with the Federal Trade Commission as well as let the debt collector know that you’ve been a victim of identity theft.
If you want the debt collector to stop calling or sending you letters, you’ll need to provide a certified letter explaining that you wish for them to stop doing so. However, collectors may still contact you if they intend on pursuing legal action against you. You should also remember that you are still responsible for paying the debt even if the lender honors your request.
This information is provided by Miami bankruptcy lawyer Alonso, Perez & Santos, LLP. Our areas of practice include bankruptcy, debt harassment, credit card defense, foreclosure defense, immigration law, condominium law, business start-ups, and more. Call 305-676-7545 to speak with a Miami debt collection attorney and receive a free consultation. We look forward to working with you.
This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.