It is against the Off-white Debt Collection Practices Act for a debt collector to brand false or misleading representations. For case, a debt collector cannot claim to exist an attorney or that a advice is from an attorney plus they cannot threaten legal activity they have no intention of taking just to get yous to pay.

Question: So I have received a call and voicemail from an credible paralegal maxim they accept received a civil complaint that has my name and social security number that'due south prepared to exist forwarded over to my county clerk's office within the next 48 hours to be processed to have me served. They left a telephone number to call up within the 48 hours to talk over the matter or information technology will be processed. I accept not received any letters from this business firm with an accost to respond to by mail. Simply this phone call. How would I go about getting them to ship validation without having to call? I've looked upwardly the apparent house on the internet and could not locate any information.

Reply: (Disclaimer: I am non an attorney and suggest y'all seek legal advice immediately.)

I tin can imagine receiving such a phone call is alarming. But hither are a few things to take into consideration:

  • When a reputable debt collection police force house intends to sue someone they generally send a "Letter of Intent to Sue" before filing a lawsuit.
  • Police firms typically do not file legal actions without always sending Any correspondence prior to filing a case.
  • With a reputable police force firm yous would not have to search the Internet for the firm name, address and telephone.
  • The FDCPA says within five days afterward the initial advice with a consumer in connection with the collection of whatever debt, a debt collector must send the consumer a written discover of the debt. The written find should contain the corporeality of debt, proper name of original creditor and a notice that y'all have 30 days to dispute the validity of the debt and request verification.

I could be wrong merely information technology sounds like you are dealing with a debt collector who never plans on taking legal action. They strictly want to bargain with you on the phone. They want a quick turnaround and like shooting fish in a barrel prey.

Hither are a few steps yous can take:

  1. Asking information. I know you don't want to get on the phone only you lot may have besides. Ask for the name of the company, street address, and phone number. Tell the caller that you refuse to discuss any debt until yous get a written "validation notice." The detect must include the amount of the debt, the name of the creditor you owe, and your rights under the federal Off-white Debt Collection Practices Human activity.
  2. Don't ostend your personal information. Don't requite or confirm any of your financial or other sensitive data. This could be a fake debt collector trying to use information to commit identity theft by getting your bank account numbers, credit or debit card information. At that place is no law requiring you to verify your social security number, not even the final 4-digits to a business organization.
  3. Do a Google search of the caller'southward phone number.Your search will likely reveal other consumers who have received the same type of telephone telephone call alert them of legal activeness within "48 hours." At that place are websites devoted to discussions about collectors like www.debtorboards.com that take adept information on most debt collectors.
  4. Phone call the original creditor.The original creditor should be able to tell you which visitor it has hired to collect your debt, or which visitor has purchased it.
  5. Debt collectors can't threaten to sue just to get you to pay.Debt collectors may tell y'all they're going to take you to court when they have no intention of doing so. They may threaten to garnish your wages, seize your belongings, or fifty-fifty have yous arrested. The truth is, third party collectors are oft breaking the law by making such threats. Brand no mistake: theycanfile a lawsuit to collect the debt you owe, only if they don't intend to accept legal activeness, they tin't tell you that y'all'll be sued.
  6. Posing equally an attorney or other legal figure is not allowed. Debt collectors tin't lie or misrepresent themselves when trying to collect a debt. This means they can't falsely claim they're attorneys and they can't transport you messages or other documents printed on stationery that appears to exist from a police force firm. Information technology may be time to turn the tables on them and call an attorney to seek legal activity against them.
  7. Debt Collection Lawsuit. If y'all are sued past a debt collector at that place is a good chance you can win past simply responding. When a consumer responds to a debt drove lawsuit information technology ways the debt collector has to spend time and money which is not their goal. Consumers have many defenses to these type of lawsuits including the debt collector can't show it even owns the debt.