What We Can Do
1. Often debt collectors purchase names of “debtors” in lists of thousands of people. These are not the original corporations or people to whom you owned money, so often they don’t have the documentation and proof of your debt.
What We Can Do: We can often get the entire debt dropped if there is no documentation, or at least get the debt negotiated down.
2. Sometimes debt collectors accuse you of debts you never owed, or debts that are way beyond what you owed.
What We Can Do: We can negotiate the debt down or get the entire debt dropped.
3. Debt Collectors violating the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. � 1692.
• Collection Agencies and Collection Attorneys who are not the original creditors and who have taken assignment after an alleged default have limitations on how they can collect against you.
• These Debt Collectors generally must comply with the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692.
• These Debt Collectors have restrictions in their acquisition of location information about the alleged debtor.
• These Debt Collectors have restrictions in their communications with both alleged debtors and 3rd parties and Must Cease Communication when properly requested (except as permitted by the FDCPA).
• These Debt Collectors are prohibited from harrassing, oppressing, or abusing any person in connection with the collection of a debt.
• These Debt Collectors are prohibited from using any false or misleading representation or means in connection with the collection of a debt.
• These Debt Collectors are prohibited from using any unfair or unconscionable means to attempt to collect any debt.
• These Debt Collectors are required to comply with certain notice requirements and to investigate timely disputes and to provide verification of the alleged debt (if timely requested).
• These Debt Collectors must apply payments as the debtor directs (where there are multiple accounts)and are limited as to where they may sue a debtor.
• The FDCPA provides for actual damages, statutory damages up to $1,000, and for costs and a reasonable attorney’s fee where the debt collector has violated the FDCPA.