Did The Debt Collectors Ignore Your Lawyer’s Letter?
If you have ever been harassed by a debt collector, you probably cringe at the thought of creditor or debt collector. If you were ready to ensure your rights were protected, you hired a credit harassment attorney to represent you.
You may have hired this attorney to get the creditors to stop calling you, but your phone may still be ringing.
First, you need to understand the difference between debt collectors and creditors. You owe the debt to the creditor.
The debt collector is the individual who is trying to collect on the debt. When you hire an attorney, the attorney usually sends out the notices to your creditors.
This is to let them know that you are being represented and that they may only contact your lawyer and not you.
A Cease and Desist Stops Contact
If a debt collector or creditor contacts you after they have been given notice that you have hired an attorney, they are breaking the law. If they continue contacting you, you may want to consider suing for damages.
As soon as a debt collector contacts you after your attorney has sent out notices, you should notify your attorney.
At that time, you attorney will check to ensure the notice was sent to the correct address and check their records to make certain there has been enough time for it to be received.
Your attorney may want to follow up with the debt collector and remind them that a notice was sent, communication is to be ceased, and any further business should be handled through their office.
Fair Debt Collection Practices Act
The FDCPA, which was passed by Congress in 1977, has several guidelines that must be followed by debt collectors. This is to ensure that you are not harassed and that you are treated fairly throughout the debt collection process.
In order to prove that you have indeed notified the debt collector that the attorney has been hired, it is wise to send the notice by certified mail.
In this case, keep the receipt and a copy of the letter. Maintain documentation of any calls, such as the time and date, the number from which the call was received, and what debt they were trying to collect.
The FDCPA was designed to keep consumers from being harassed over past due balances. It sets specific guidelines and ethical approaches
Report Any Violations
If a debt collector is found to be in violation of these laws, a complaint can be forwarded to the Federal Trade Commission (FTC) who will then look into the matter.
They may levy fines, or if it is a commonplace violation from a particular debt collector, they may end up closing the entire operation as they have been known to do before. Consumers who are harassed face undue stress, nervousness, tension, and insecurities.
The FDCPA and the FTC were created to protect your interest and rights as a consumer and to ensure any debt collection practices are handled fairly and you are given full disclosure.
Consult with a credit harassment attorney if you feel that you have been harassed by creditors or debt collectors.