Practice Area
Debt Collection Defense
WHAT CAN YOU DO ABOUT DEBT COLLECTORS NOW?
The Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq., is a federal law that restricts debt collectors and protects you. The FDCPA affords you protection in a number of ways – see below for some examples.
If debt collectors are contacting you in any of these ways, contact Waccamaw Law immediately.
It is against the law for a debt collector to harass you or to make any false statements to you.
Dispute the debt
You can dispute that you owe the debt and ask the debt collector to provide you evidence that you are responsible for that debt. If they do not provide you this evidence, they may stop contacting you. It is important to understand that if they stop contacting you, it does not mean you are released from your obligation to pay the debt.
Hire a lawyer
If you have hired a lawyer, generally, the debt collector should be contacting the lawyer instead of you.
Tell the debt collector whenthey can contact you
The FDCPA prohibits debt collectors from contacting you about a student loan at a time or place they know is inconvenient. You can inform the debt collector how and when you may be contacted about your student loan debt.
Demand the debt collector cease all communication
The FDCPA also affords you the right to demand a debt collector stop contacting you at all.
It is important to understand that restricting or stopping contact from a debt collector does not release you from your obligation to pay the debt. Therefore, it will not prevent other collection activity such as reporting the defaulted account on your credit report or your creditor filing a lawsuit against you for failure to pay. We can help you understand your options.
