As a Consumer Lawyer helping people deal with abusive debt collectors, I listen to consumers tell me things that shock me. Unsurprisingly in today’s economy, a recent MSN.com popular search expose showed popular searches on the following: “Lawsuits and collectors,” “Fair Debt Collection,” “Fair Debt Collection Lawsuits,” “Things debt collectors can’t do,” “Violating the collection law,” and “Complaints about bill collectors.” Why do you think this is?
If you are a Consumer who is being hounded and harassed by a third party debt collector, you have the right under the Federal Fair Debt Collection Practices Act to get them to stop the harassment. All you need to do is draft what I call the Good Old Drop Dead Debt Collector Letter.
Here is a sample.
ABC Debt Collector
123 Dirt Bag Lane
Anywhere, Kentucky, 666 666
Re: Your Name
Original Creditor
Original Account Number
Debt Collector's Account Number
XXX-XX-Last Four Digits of Your Social (Never Give Your Complete SSN)
Dear Sir or Madam:
Recently your organization has contacted me about a debt that I allegedly owe. I know that I am protected by the Federal Fair Debt Collection Practices Act from third party debt collectors, and therefore, pursuant to this Federal Statute, I hereby Demand that you stop contacting me with regard to this alleged obligation. I will not tolerate harassment from your organization or any other debt collectors.
Have a Nice Day
Name/ Signature
I know it is a little expensive, but, I would recommend that you send this letter CMRRR, and I would suggest that you keep the Green Cards once you receive them back from the Post Office.
As a consumer protection attorney, I always advise clients to request, in writing, that debt collectors provide verification of the alleged debt. To put this in perspective, let's say that you receive a letter from a debt collector and you are not sure if this is your debt.
You have thirty (30) days to request verification of the debt. Your thirty (30) days begins to run from the day that you receive the notice that the debt collector must verify the debt. If you wait too long (beyond the thirty (30) days), the debt collector no longer has to verify the debt. So, you want your debt verification letter to be perfectly clear and you want it to be timely. A subsequent blog will address what to put in the debt verification letter.
Please don't put this aside because you don't want to deal with it now.
I want the request in writing, and I want a copy of the envelope with a post mark on it, if possible, or, I want to see that the debt collector received the request by certified mail return receipt requested.
At the Dellutri Law Group, we represent individual who have been harassed and abused by the debt collectors, and we want to empower everyone with the knowledge of their legal rights. We just want everyone to know that debt collector abuse is illegal.
Continue reading "Always Request Verification Of A Debt In Writing." »
As a consumer protection attorney, I'm asked all of the time: "What can debt collectors do, and more importantly, what can't they do?"
Well, the answer is simple. Florida Statute 559.72 is titled: "Prohibited Practices Generally" and it pertains to consumer debt collection.
Please click here to see the prohibited practices.
If, after reviewing the statute, you believe that you have been the victim of an unfair debt collection practice in the State of Florida, please feel free to call us.
Continue reading "Florida Consumer Collection Practices Act - Prohibited Practices" »
Consumer Protection Attorney Carmen Dellutri, managing partner of The Dellutri Law Group, P.A. was recently interviewed on NBC about rogue debt collectors who intimidate, harass and break the law attempting to collect consumer debts.
Continue reading "Carmen Dellutri Interviewed About Bad Debt Collectors" »
At The Dellutri Law Group, we decided that now was the time for an FDCPA Blog because of the state of the local Southwest Florida economy. For years, we thought it would get better by now, but, like everyone else, our optimism is nice, but not realistic. Southwest Florida is facing very high unemployment, some say close to 20%.
Sure there are other FDCPA blogs out there. My friend, Steve Otto, has one in Pennsylvania, and he does a very good job with his blog. I hope to share national stories as well as local stories. I want to educate the people of Southwest Florida so that they do not have to put up with the garbage that debt collectors can dish out.
Look for more in the future. We have lots to talk about.
