When A Debt Collector Calls
Did you get a threatening call from a debt
collector and don't know what to do?
Did you recently receive a threatening phone call from a Debt Collector? The first thing most consumers do once they've received this type of call is to PANIC, and that's exactly what the collector wants you to do--and exactly what you shouldn't do. We receive calls every week from consumers who were so scared by the collector that they paid them to prevent papers being served, or to stop the Sheriff's deputy from arresting them at their place of work.
National Credit Solutions may actually be able to help you when you receive calls from Debt Collectors. At NCS, we help you fight back against collectors who violate the law (see Common FDCPA Violations in the column to the right) when communicating with you. If you have any collection accounts on your credit report, there’s a good chance you will be receiving communications from a collector. Here are some important things to consider, should you be contacted by a Debt Collector:
- Please forward any written communications you receive from a collector, including anything mailed or emailed to you. These may contain potential violations.
- If you don’t recognize the phone number, let the call go to voice mail. If the collector leaves you a voice mail message, please forward it to me, Ron Reed, as soon as possible at the email address below. NOTE: You may need an App like Visual Voicemail or YouMail in order to forward the message.
- Save all voice mail messages—DO NOT DELETE! If a collector calls but fails to leave a voice mail message, forward the phone number to me so that I can investigate. Here's an example of an illegal voice mail message that sounds 100% innocent and perfectly legal, yet there are at least two violations of the FDCPA in this voice mail message, resulting in a substantial settlement for our Client:
- Do not talk to a collector unless you can record the conversation! If you need a recommendation for a good Call Recorder App, call or email Ron. (NOTE: Telephone recording laws vary from state to state. Be sure to check the law before recording)
- Don’t admit to the debt.
- Discuss the situation with me before contacting the collector.
If you'd like to personally discuss your situation with me at no cost to you, please contact me using the information provided below.
FDCPA Compliance Director
National Credit Solutions
(214) 504-7102 DIRECT
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and email.
Common FDCPA Violations
These are just a few of the most common violations by debt collectors. Be aware that States have their own laws that may come into play, too.
- Threatening physical harm or arrest.
- Threatening to take legal action when none is intended.
- Using profane or abusive language.
- Calling before 8:00 AM or after 9:00 PM local time.
- Threatening to garnish wages or take property when there is no judgment, or it's prevented by State law.
- Calling after you've requested them to no longer contact you by phone.
- Calling you at work if you've told them to stop.
- Disclosing the debt to friends, relatives, neighbors or co-workers.
- Attempting to collect more than is owed.
- Contacting you without disclosing their identity or purpose of the call.
- Repeatedly calling your phone.
- Threatening to take action they do not intend to take, such as: Garnishing wages or taking property without a judgment.
- Falsely representing themselves as an attorney, or that a phone call or letter is from and attorney.
- Threatening to call your employer and disclose the debt.
- Falsely representing to you that criminal action will be taken against you in connection with the debt.
- Contacting you after they know you are represented by an attorney.