Debt Collection

Debt Collection and the Federal Fair Debt Collection Practices Act

Our firm represents companies who seek to collect debts and individuals who are being pursued by debt collectors. If you are a company we can help you establish valid debt collection practices. If you are a consumer who feels their rights have been violated we can help you protect those rights. Even if you have paid the debt in question, you may have a claim against the debt collector.

How to Protect Yourself: Debt Collections/Consumer

A debt collector is one who regularly attempts to collect debts owed to others. A debt collector may contact you if you are behind in payments to a creditor on a personal, family or household debt or if an error has been made in your account.

A debt collector may contact you in person, by mail, telephone, telegram or fax. However, a collector may not communicate with you or your family with such frequency as can reasonably be construed to constitute harassment. A debt collector may not contact you at work if the collector knows your employer disapproves. A collector may not contact you at unreasonable times or places such as before 8 a.m. or after 9 p.m. unless you consent.

A debt collector is required to send written notice within five days after first contacting you, outlining the amount you owe, the name of the creditor whom you owe the debt, and what action to take if you believe you do not owe the debt.

You may stop a collector from contacting you by writing a letter to the agency and telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact or to notify you if the debt collector or the creditor intends to take some specific action.

If you do not believe you owe the debt, you may write to the collection agency within 30 days after you are first contacted saying you do not owe the debt. The agency may not contact you after that unless you are sent proof of the debt, such as a copy of the bill. Although failure to dispute a debt can be reported to a credit-reporting agency, it can not be used in court to establish that the debt is valid.

A debt collector may not harass or abuse any person. Debt collectors may not use threats of violence against the person, property or reputation, use obscene or profane language, advertise the debt, or use false or misleading statements that imply that they are attorneys, that you have committed a crime, that they operate or work for a credit agency, misrepresent the amount of your debt, that an attorney is involved in collecting the debt, or indicate that papers are of legal significance when they in fact are not.

Debt collectors may not tell you or imply that you will be arrested if you fail to pay. Unless the debt collector has a right to and intends to, they may not tell you they will seize, garnish, attach, or sell your property or wages or that a lawsuit will be filed against you.

If you have been contacted by a debt collector,Contact Us Onlineor Call Us at (904) 355-8888 to set up a consultation.

We may be able to file suit against the collection agency for violating state and/or federal law. If you prevail, you may be awarded actual damages, attorney’s fees and costs.

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