Consumer credit debt on personal loans. Lines of credit owed to lending institutions. Health services debt for medical treatment provided by hospitals. Health care professionals as well as debt owed to nursing home facilities. Business debt owed for goods and services provided to individual and business consumers. Collection on judgments obtained during civil litigation on behalf of individuals and businesses. For more than 20 years, Girvin & Ferlazzo, P.C. Our attorneys place an emphasis on obtaining judgments against debtors and by quickly and efficiently beginning enforcement measures upon the entry of judgment. To support our efforts, Girvin & Ferlazzo, P.C. Our office also employs a dedicated staff of debt collection professionals who are trained in skip-tracing, asset location, judgment execution, and best practices for settling accounts with debtors in appropriate cases. All of the attorneys and debt collection professionals at Girvin & Ferlazzo, P.C. Fair Debt Collections Practices Act by the Association of Credit and Collection Professionals (ACA), and our attorneys are members of the National Association of Retail Collection Attorneys (NARCA). Girvin & Ferlazzo, P.C.
And if you tell a debt collector to contact you through your attorney, they have to stop bothering you. How to get a collector to stop contacting you: If you’re tired of the constant calls, you can ask for a cease and desist, which means the debt collector can no longer try to get in touch with you. The best way to do this is to send a letter by certified mail. Get a return receipt so you have proof the collector got the message. At that point, a debt collector can only reach out to confirm that they’ll stop contacting you or to say they’re suing you. But listen, if you’re in debt and you have the money, you should pay it. Immediately. Ignoring a collector isn’t going to solve your problem-it only delays it.
You need to be sure a collection claim is legit before you give anyone your money. Under the FDCPA, a collector has to send you a written validation letter within five days of first contacting you to provide proof you have debt due. If you don’t dispute the debt (argue it’s not yours) within 30 days of receiving the validation letter, then the collection agency will assume you’re claiming the debt as yours. You can also ask for more information about the debt within those 30 days, and the collector has to give it to you. But here’s the main takeaway: Don’t do any business with someone saying they’re a debt collector until you have a validation letter.
When: Debt collectors aren’t allowed to contact you at inconvenient times. Well, there’s never really a convenient time for a debt collector to call, but under the FDCPA, they can only do so between 8 a.m. 9 p.m. your time. So, unless you work the night shift and you’ve given a debt collector permission to contact you outside those set hours, they can’t sneak in any late-night phone calls. Where: Debt collectors can’t contact your workplace if you’re not allowed to receive calls while on the job. If they do call you at work, you can demand they stop (we’ll explain exactly how to do that in a minute). And while it’s highly unlikely, there’s still the off chance a collector could visit you in person. If you ever do find a debt collector on your doorstep, remember they have to stick to that 8 a.m. 9 p.m. time frame, and they can only ask you to pay what you owe. That’s it. You don’t have to give them any money or even talk to them. In fact, you shouldn’t make any negotiations in person-it’s best to do business in writing, not on your front porch.
Collect Payment Unfairly: Debt collectors aren’t allowed to add any interest, random fees or other charges to the amount you owe if it’s not part of your original lender contract. And if you send them a postdated check because you’re planning to pay later in the month, they’re not allowed to deposit it ahead of time. But that doesn’t mean they won’t try-so don’t send a check unless you’re ready for the money to be taken out of your account immediately. And never send more than one check at a time. Lie: Debt collectors can’t lie about who they are-they have to be up-front. Identify themselves as debt collectors.
The Fair Debt Collection Practices Act (FDCPA) set some strict rules on how debt collectors can talk. Behave when they’re trying to collect money from you. Now, here’s the thing: The FDCPA doesn’t stop debt collectors from asking for the debt you owe them (that’s totally legal). But it does keep them from doing some real shady stuff to get your money-like lying, threatening or manipulating. Get help with your money questions. Talk to a Financial Coach today! Think of it like a wrestling match-if a debt collector is in one corner and you’re in the other, then the FDCPA is basically the referee. A debt collector may talk a lot of smack, but there’s only so much they can actually do without breaking the law.
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