Owing money can sometimes feel like a battle that’s never won. You scrimp and save and have the best of intentions, but as soon as you get one bill paid off, another pops up in its place. When you are overwhelmed with financial struggles, the last thing you need is a debt collector making a bad situation worse. Of course, it’s a debt collector’s job to get you to pay, and they are very motivated to do so since they get a fee or a percentage of the total amount you owe the creditor if they are successful.
The Fayette County debt collection attorneys at Bunch & Brock are familiar with every aspect of debtor and creditor issues. We are a debt relief firm committed to providing each of our clients with personal attention and real solutions to financial troubles. We understand that circumstances exist that can result in financial problems for even the most conscientious of people. If you have overdue debts that have gotten a collector’s attention, contact us today to find out what we can do for you.
A debt collector may be a collection agency, a lawyer who collects debts as part of their business or a company that buys delinquent debts and then tries to collect them. All collectors are bound by the Fair Debt Collection Practices Act (FDCPA), which was introduced to prevent abusive, deceptive and unfair debt collection practices. Among other things, creditors may not do any of the following:
- Use abusive or obscene language
- Call you without telling you the name of the company they represent
- Call you so much that it is harassing under the circumstances
- Call you before 8 a.m. or after 9 p.m. unless you agree
- Call you at work after you tell them not to
- Give anyone information relating to the debt without your permission
- Threaten physical harm or arrest
- Continue to call you if you tell them you are represented by counsel
- Threaten to garnish wages or seize property unless they actually intend to do it
- Assess fees and other charges they not entitled to collect by agreement or law
- Misrepresent the amount of your debt
- Falsely claim to be an attorney or a law enforcement official.
Despite these protections, debtors often are contacted by creditors whose behaviors either clearly or likely violate the law.
The FDCPA also outlines debtors’ rights. One important right is that, within five days of contacting you, a debt collector must send you a written notice telling you the amount of money you owe, the name of the creditor and what action to take if you believe you don’t owe the money. So before you have a real conversation with a collector, ask that this information be sent to you. Furthermore, a debt collector is not supposed to contact you if you send them a letter within 30 days of receiving the written notice stating you do not owe money. Send the response by certified mail to ensure its receipt can’t be denied.
Debt collectors who use unfair or illegal collection tactics can be sued for damages; if you’re successful in your lawsuit, you can also collect the costs of the action, together with reasonable attorney’s fees as determined by the court.
One of the biggest problems with bringing an action for violations of the FDCPA is lack of evidence, so it’s important that you document all contact with the collector from the beginning. Keep a file with notes from phone conversations and copies of all written correspondence to and from the collector. Write down the day and time of every collection call, the collection agency’s name, the name of the caller, the amount it says you owe and a summary of the conversation. If possible, record these conversations, save messages left by creditors, save caller ID details, and have witnesses available.
The collection industry is large. There are thousands of companies working to collect billions of dollars of debt each year. And they must do it fairly. The Lexington-based Fair Debt Collection Act lawyers at Bunch & Brock can help you protect your rights and be your first line of defense. Once you have hired a lawyer, the collection agency or creditor’s attorney can only communicate to you through us. As a bankruptcy law firm with more than 35 years of experience in the state of Kentucky, we have effectively represented many people who were in the same position as you are now. We are dedicated to providing each of our clients with a high level of personal service and effective counsel. Contact us today by calling 859-254-5522 or by filling out this online form.
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
