Home » FDCPA Violations: Fair Debt Laws

FDCPA Violations: Fair Debt Laws

Just because you owe a debt, it doesn’t give a debt collector or collection agency the right to treat you unfairly.

Nearly all States have enacted Fair Debt Collection Statutes to regulate debt collection and help you fight debt collector problems, these laws mirror the protections offered to consumers in the Federal Fair Debt Collection Practices Act.

In addition to making bad debt collectors stop their collection efforts against you, FDCPA violations and violations of other related must know consumer protection statutes can provide victims of debt collection abuse monetary damages of up to $1,000.00! In certain cases, additional damages can be awarded to a victim for malicious misconduct or intentional harm caused by the debt collector. And the debt collector pays your attorney’s fees!

how do i stop debt collection harassment

Stop FDCPA Violations and debt collector harassment NOW!

Fight Debt Collector AbuseWhat kinds of debts are covered by fair debt collection practices acts?

Fair Debt Collection Practices Acts cover “consumer debts,” generally defined as a consumer’s personal commitment to pay back money arising out of a transaction in which the money, property, insurance, or services (being purchased) are primarily for personal, family, or household purpose — things like credit cards, loans and medical debt. and by way of comparison, debts for parking taxes, income tax and alimony payments are NOT consumer debts.

What or who is a Debt Collector?

Debt collectors are anyone “who uses any instrumentality of interstate commerce or the mail in any business, the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due another.” The term also includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.

Are creditors covered under Fair Debt Collection Practices law?

Creditors may or may not be covered under Fair Debt Collection Practices Law, each state has its own statutes which regulate debt collection practices within its boundaries. You can contact a Fair Debt Help Lawyer to find out whether or not a creditor is covered under your state’s debt collection laws.

debt collector harassmentDo I need a Fair Debt Practices Lawyer?

A Fair Debt Help Lawyer, knowledgeable about Federal and State Debt Collection Laws can advise you of your rights. Since a debt collector may attempt many different tactics, it is difficult to determine on your own whether a violation has occurred, an experienced FDCPA attorney can evaluate your situation and advise you accordingly. If you hire an attorney to represent you with regard to the debts you owe, debt collectors must contact your attorney instead of you.

Who pays the Lawyer?

The Fair Debt Collection Practice Act provide for payment of attorneys fees BY THE DEBT COLLECTOR (or defendant) if you prevail. Fair Debt Collection Practices lawyers listed at this website will generally represent you at no cost to you*, so there is no reason to fight this battle alone!

When does the law apply?

The FDCPA applies when these third-party debt collectors attempt to collect a consumer debt from a person. A consumer debt is a debt which was incurred for personal, family or household services. This includes a wide variety of debts such as one created when a person purchases a computer on a credit card or buys insurance for a home. The law applies to debt collection phone calls, written communication or reporting the debt to a credit reporting agency. There are literally countless things a debt collector may not legally do, and many things they are legally required to do.

What’s a good solution?

Can debt collectors request copies of my credit reports?Call Fair Debt Help Lawyers now at 888-595-9111 for a FREE case review or submit an online inquiry now. With help, you may be able to cease collection efforts, hold off collections until your debts are validated, and/or settle your debts for fractions of the amount demanded or owed. Where your fair debt rights have been violated, a Fair Debt Help law firm may even be able to sue a debt collector on your behalf under an FDCPA for statutory damages to you of up to $1,000 (make the collector pay you!!!), plus any actual damages suffered, plus attorney fees (so FDCPA litigation costs you nothing).

You have nothing to lose in asking a Fair Debt For Consumers attorneys to review your financial situation (the case review is FREE!!) and although no lawyer can promise any result, nor even promise help, Attorneys For Consumers are out there who will take the time to see if you qualify for debt the many kinds of debt help options and debt assistance available. Don’t wait, do it now.

If you want to get a head start fighting back on your own, you can use our debt collections communications log to track all the collection attempts against you. Learn about the federal call recording law as well as the call recording laws in your state to see if you can legally record your phone call with a debt collector. Use our site’s cease and desist or dispute debt letters to assist in your efforts to stop collector’s calls and letters and protect yourself from the predatory acts of unscrupulous debt collectors. Then read our debt collection glossary to learn the important terms and check out answers to Fair Debt FAQs for answers to those common questions!

Submit your debt collector problem to our directory of consumer protection attorneys for a Free Case Review!

If nasty, abusive, obnoxious and threatening debt collectors are calling you at all hours of the day and night, bombarding your cell, work or home phones with collection calls and voice mails, you CAN fight back.

If your friends, family and neighbors are being contacted about your debt causing you unnecessary embarrassment, or if Zombie Debt Collectors are attempting to collect a debt from you that is outside the Statutes of Limitations in your state, you CAN fight back.

Even though your mailbox may always seem to be filled with a multiplying amount of collection letters each day, you CAN fight back.

Stop Debt Collector HarassmentA Debt Collector Cannot:

  • Call you an unreasonable number of times
  • Call at unusual times or places
  • Use profane or other abusive language
  • Share private information about your debts with others
  • State you are a criminal or will be arrested
  • Lie to or deceive you

Debt Collectors must follow many other laws.  Contact a Fair Debt Lawyer today to find out more: 888-595-9111.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.


  1. I have 3 debt collectors who are attempting to collect on old credit cards that that over the statute of limitation in Texas ( 4 years). My job is now trying to make me pay these debt collectors in order to keep my employment. Is it legal for debt collectors to report these attempts to collect debts on my credit report. They bought the old debts. I have no contract with any one of the 3 debt collection agencies. What are my rights.

    • Under nearly all circumstances, it is a violation of federal garnishment laws for an employer to terminate you over a wage garnishment. If this is happening, contact a Texas Fair Debt attorney at 888-595-9111 to discuss your situation and your rights.

      As for the three debts, if they are truly past the statute of limitations, the debts are legally unenforceable (meaning you cannot be sued), though non-judicial collection efforts (calls, letters, etc.) can legally occur. But determining the SoL can often be dicey, so its best to seek the consult of a Debt Settlement attorney as well, you can talk to one at 888-595-9111.

      Finally, that your work is even involved with these debts that aren’t the subject of a lawsuit smells of FDCPA violations with regard to disclosing the debt to third parties and contacting you at work, at least. Violations may entitle you to up to $1,000 or more from each debt collector, and the debt collector will have to pay your attorneys so it costs you nothing out of pocket.

      Call 888-595-9111 to learn the array of rights and options you have, the attorneys there will consult you for free and without obligation.

  2. Good Afternoon,

    I was engaged to be married in 2009. My ex-fiancé and I purchased property together to build a home. I found out in 2010 that my ex was leading a whole separate life with a girl that he began dating during our time together. That aside, I left him 3 months before we were to be married. Later in 2010, I received notification from my employer that they had received a writ of garnishment for a C. Green. Mind you WE NEVER MADE IT TO THE ALTER SO I NEVER TOOK MY EX’s LAST NAME. The call I received was from my director and the attorney that works in our office. I told the both of them that I had never been married and that they writ that they received for the garnishment did not belong to me because it was not my debt. I honestly had no idea that I had any recourse so I took the garnishment on the chin for fear of losing my job (Im a single mother). I later found out that my ex was a functioning drug addict and he persuaded the young lady to pose as me and took out a loan with a finance company using the land as collateral. Well, needless to say that after this incident, I became more diligent regarding my credit report. Upon recently checking my credit report, I noticed that my credit report shows that the finance company is listed as C. Murphy on my credit report. After researching, I learned that a garnishment is a civil judgment and should be listed as a public record. Upon looking at the public records section of my credit reports, I’m showing that there is no listing for the judgment nor the is there any indication that the debt has been satisfied. I have the paperwork from my Human Resources department showing that they satisfied the $8,835.18 debt in 2012! I am unable to receive a satisfaction of judgment because…… THERE IS NO JUDGMENT LISTED FOR THAT GARNISHMENT UNDER MY NAME ON MY CREDIT REPORT. THEREFORE $8,835.18 has been taken from me and the finance company is still saying that monies are owed to them. I just need to know what steps I need to take to recover my funds and sue for my pain and suffering (credit damage, credit denials, repossession, etc.) and also have these questions answered:

    1. Prior to initiation a lawsuit, am I not supposed to be contacted? I was never contacted
    2. I never received any type of demand letter from the attorney that sued. I was only contacted by my employer.
    3. It appears that my employer just assumed that I was married and listed as much in the answer to the writ of garnishment. I’ve been listed as single on my W–2’s since I began the job in 2008.
    4. Shouldn’t the garnishment been in compliance with the MS Open Account Statute, which requires that an itemized statement of account be sent to the consumer (me) along with an initial demand letter. I never received this. therefore I was unable to question or object when the suit was filed.
    5. I have gone back and tracked down paperwork that shows that the law firm filed suit in the county where the law firm is located, but the lawsuit was recorded in the county where I live. Aren’t civil actions of which the circuit court has original jurisdiction commenced in the county where the defendant (me) reside? The FDCPA requires this am I correct?

    Please Advise

  3. I am being harassed by a so called law firm named Scott Williams Law Firm that says that I took out a pay day loan for $426 and if I do not pay that a warrant will be issued for my arrest and that I will be fined $9,000 and the person named Chris Walker said to me that I stupid for not paying the loan. There phone # is (619) 567-4084, and states that I have until Monday, July 21, 2014 to pay. I want the phone calls to stop. Please help me. Thank you.

    • Harassment (“I am being harassed”), misrepresentations (“I will be fined $9,000”), belittlement (“said to me that I stupid”) and threats of arrest (“a warrant will be issued for my arrest”) are ALL violations of your Fair Debt Rights. You may be able to make the debt collector pay you up to $1,000 or more, and make them never call you back!

      Debt Help Lawyers from this site will E-mail you back for a FREE consultation and to discuss your options. Or just call 888-595-9111 now.

  4. Those calls you receive stating they will come to your employment or home to arrest you for non-payment!! Is a SCAM!!! This happened to me. After receiving numerous calls at work. I approached my H.R. Dept to inform them of this situation. Embarrassed as I was the flip side was I worked for a State run Casino all our calls had been monitored. Prior to H.R. looking into this for me I googled their phone numbers and all had comments of harassment! BEAWARE!! THEY ARE LOOKING TO SCAM YOU!!

  5. I have a investigator from GA that keeps calling, they have called under several different names, with the same voice and same phone number. I have given them a number of an attorney to call and they will not. I have asked for proof of this debt which I do not receive. They keep threatening that I will be prosecuted for check fraud. Originally they said the debt was from 2010, which I filed chapter 7 bankruptcy in 2012 so all debts should have been covered under the bankruptcy. I have asked them not to call until they can give me valid proof of the debt which they can never give when I start getting frustrated with them they hang up on me. But they have been calling me for close to a year now and I would like them to stop. Should I really be concerned? for one they call from GA and at the time of their debt I lived in CO and now live in KS. why would GA be issuing any kind of warrant if I have never even been there? Any help or guidance would be greatly appreciated.

    • That’s a horror story, but you be should not be terribly concerned about what this collector is saying. I say this because the actions you describe are outrageous to a level they fall under the category of what non-viable debt collection companies generally do. By “non-viable” I mean companies that “fly by night” and simply exist on what they can scam from consumers as opposed to being legitimate debt collectors. There is an outside shot that its a rogue collector at a legitimate company, but the fact they have been calling to collect for a year suggests your debt is in their portfolio of junk debts and you are on a cycle. If you know the number the are calling from, call 888-595-9111 and the Debt Help Lawyers there can get you some assistance. Free no obligation consultation.

  6. I purchased a car (in Pinellas County Florida) and after hard times and falling behind I have tried to comply with the arrangements of the finance company, in order to stay as current as I can. I sell health insurance and right now it is a VERY tough market. My parents, who were each listed as “references” on my credit application, have recently been contacted by the finance company, only for the finance company to let them each know that I am behind on my payments and that the vehicle is up for repossession and that there is a gps tracking device on the vehicle and if I don’t contact the finance company that they know where the vehicle is (let me add that I have NEVER made ANY attempt to hide or conceal the vehicle in any way, shape or form) and if I don’t make a payment then the finance company is going to come repossess the vehicle. Is this legal and can they contact any references on my credit application to discuss my financial issue with them???

    • Thank you for your question, is the company contacting your references the finance company or a third party collecting on behalf of the lender? Consumers do have rights under the Fair Debt Collection Practices Act (FDCPA) Take advantage of this site’s FREE, no obligation case review and let’s figure out how to get you some real help. Additionally, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  7. This company has picked up an old (6yrs old) payday lone debt. I know the debt was mine but they have refused to send me a validation letter. I set up a payment arrangement with them and have made 4 payments, they later said that my payment agreement was not approved, they will not tell me where my money is really going. Everytime I call to speak with someone they say that the previous person I spoke to is no longer working for the company or so and so didn’t put the info in your file. The total debt amount keeps changing and they keep forcing to make one lump sum payment that I cannot afford. My so called 4 payments that I made to them have been deleted. They are now threatening to take me to court and have be charged for bank fraud. I don’t know what else to do. I cannot afford and lawyer, nor can I afford to countinue to pay for a debt through a shady company.

    • Thank you for your question, the collection tactics that you have described are unfortunately common, the good news is that the Fair Debt Collection Practices Act (FDCPA) is a consumer protection law specifically designed to protect consumers in your situation. If you have a valid claim, you may be entitled to a damage award of up to $1000 in statutory damages against the debt collector plus they have to pay your attorneys fees. Wouldn’t it be nice if the collector had to pay you? Call 888 595 9111 for a free, fast no obligation case review.

  8. I would like to know how much commission a debt collector can tack on? 33.33 % is pretty high for me. The debt collector told me that they could charge as much as they want, is this true?

  9. In May of 2010, my wife lost her job in North Carolina, and we had to move to Texas to find employment. We had to break an apartment lease by 2 months, it was either move and let them have the apt to lease or get evicted for non pay. We have found that a collection agency has our debt ($2282), and that it is preventing us from obtaining a lease on a home. Is there any way to get the debt removed from our credit report since it is past the 3 year limit in North Carolina?

    • You can help here, and in several different ways. And both North Carolina and Texas have state laws similar to the FDCPA that apply to creditors, so you are extra good! Call 888-595-9111 now and let’s get you some help!

  10. I was being harrased at home and work by a collection agency threatening me with ” legal action” If I didn’t pay them. Attorney Todd Freidman fought for me and we actually sued them. I was granted $1000 in the case and the company is now out of buisiness.

  11. I am getting calls for a name that is the same as my fiancé, the only way they could get my cell number is off his cell phone bill, since I am on his account. We keep telling them over and over and over that they have the wrong person, but they keep calling, what ?

    • It sounds like you have a very good case under the Telephone Consumer Protection Act. This law requires your express consent to be auto dialed, and as a reference on someone else’s account, they cannot have your express consent. Its $500 to $1,500 per call (yes, per call!), and you may have what is needed for a class action. it also sounds like ypiur fiancee has a case under the Fair Debt Collection Practices Act for unlawful third party disclosure. Call us, let’s talk.

  12. .I have a money loaning place calling my son and daughter in law..trying yo say they need to sever me papers for a civil suit

  13. I rent a dryer from Buddys home furnishings, I received a call this week from an employee there and he left a message to tell me I needed to come in and oay, and that he has been calling my ASS for four days

    • Thank you for the question- under the Fair Debt Collection Practices Act (FDCPA) Debt collectors are prohibited from any conduct that would harass, oppress, or abuse any person in connection with the collection of a debt. Abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets. It sounds like the collector owes you up to $1,000 statutory damages, plus actual damages, and we can go after them at no cost to you. We may also be able to help you get this old debt settled cheap! Start the Fair Debt process today by calling 888-595-9111 for your free, no obligation consultation.

  14. I rent a dryer from Buddys Home Furnishing and I am behind a weeks pymt of 15.76 and they call every day, this week a worker left me a mssg stating he needed me to come into the store and make a payment and he also stated he has been calling my ass for four days…

  15. I am receiving collection calls at all times of the day, was mailed a personal letter personal to my job , and they are constantly calling my job after I verbally asked them not too. What can I do about this harassment if anything?

    • What can you do? Enforce your rights, that’s what! They are your rights, after all, so let’s get to it. Call us 888 595 9111 now and we’ll start the Fair Debt process. No cost.

  16. I have been unemployed for a year and I have a loan out at a local company. I am behind by 2 months. Do I have to listen to him say “He hates liars”. That “It’s people like me that tell him they will be there and then don’t that makes him hate his job”…”Gotta have it by 5:00 today”…”Just get somebody to write a post dated check and we will hold it until a certain day”…I told them I would make a payment on the 31st but they wanted me to get somebody to write a check for them to hold until the 31st. Now tell me what the difference is? What are my rights and why do they get away with talking to me that way, calling everyday and showing up at my house? Honestly my rent, light bill and water comes first then I pay them when I can. If they do a re-finance to supposedly help me out, the payment stays the same amount. So how is that helping> And this company knows I haven’t worked in a year and I still get nasty phone calls and he shows up at my house.

    • Thank you for question. Consumers do have rights under a variety of laws designed to protect you, including protecting you from this collector or creditor’s harassment, repetitive calls and verbal abuse. Take advantage of this site’s FREE, no obligation case review and let’s figure out how to get you some real help, you may be entitled to $1,000 or more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

  17. what is the statue of limatations for credit card and bank loan debt for the state of nc or VA

    • Statutes of limitations can be tricky because they often depend on exact contract terms, and consumers generally don’t keep these adhesion contracts. And the statute of limitations often differs based on the type of debt, e.g., a credit card or a bank loan. You can learn more about SOL’s or just call us at 888-595-9111 and we’ll ask the questions we need to know to answer, and also see if your Fair Debt rights are being violated because even if you owe the debt, you may not owe the amount they claim you owe. We will provide you a free, no obligation case review.

  18. I am currently behind on my mortgage, but make payments of as much as i can as often as I can (my mortgage interest rate is 11.25% on a mobile home and the payment takes 52% of my monthly take-home pay). I also have an automobile payment which is directly debited from my account and, since I am in a Chapter 13 bankruptcy (paying back mortgage payments from when i was unemployed) the mortgage payments take all of my net pay that is left. Since last July I have recieved an average of three calls per day, each accompanied by either a text message or e-mail. I currently have 99 saved e-mails simply saying contact them and 103 text messages. I substitute teach in the local school district and also work a full-time night job while taking college courses online to complete my Bachelor’s degree. They are aware I cannot answer the phone while working at the school, yet call during school hours sometimes twice a day. My full-time job involves checking in trucks at a manufacturing plant and I am often tied up with trucks and cannot answer the phone. When I do talk to them it is always condescending and demand that they get their money. One of the “managers” flat out told me it wasn’t her problem if my family had food in the house, my utilities were paid, or I had gas to get to work, they wanted their money. the calls have been made from six different people from seven different numbers. They have sent a representative out to my house once to talk to me and even called on Sunday evening. In addition I have recieved several letters from them, often one letter stating an amount I was delinquent and the next day another stating a different amount. Any suggestions?

    • YES, call us and let’s get you fixed up. You have done a great job of saving your evidence, and depending on who is calling, you may have rights under the FDCPA, TCPA and state law. The minute you said “stop contacting” you, they lost permission to robo dial you, and if they are 3rd party collectors, the lost the right to contact you at all. We are available 24/7 at 888-595-9111 to help you, the consultation is free and without obligation and many attorney services are at no cost to you.

  19. I financed a car through a buy here pay here place, and now have been late on my payments. However, I have not received any notice regarding any type of balance owed nor they have not showed up to repossess the vehicle, however they are sending text messages to me and ALL 16 of my references i used when I bought the car, stating that it will “result in a class 6 felony”
    Is this legal?

    • Thank you for question. Consumers do have rights under a variety of laws designed to protect you, including protecting you from this collector or creditor’s harassment, repetitive calls and verbal abuse. A few additional questions may help us sort out the issue. Take advantage of this site’s FREE, no obligation case review and let’s figure out how to get you some real help, you may be entitled to $1,000 or more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

  20. I was served on my job at 7 pm in the lobby of the restaurant. My son had been shot 7 months ago. When the host told me an officer was upfront, i thought my son had been shot or killed. I arrive upfront and the officer ask if im Jane Doe , i answer, Yes. he continues to serve the civil warrant for a hospital bill. I am trying to get him out of the lobby before anybody is aware of the situation. I was told by a fellow co worker that the officer has been in numerous times looking for me. After looking at the warrant, they served the wrong person. The names are spelled different. middle initial different. the last 4 digits of social security different.. They verified the lst 4 digits of my social security number with my employer after I called them and told them of their mistake. Should they have checked with my employer before I was served by an officer in the lobby of my employment.,

  21. In 2002, I wrote Nevada DMV a check for my car registration for $102.00. The check bounced. I have since moved out of state to Washington. I went to get my driver’s license in WA this month and was told by WA DMV that NV had a suspension/hold on my license. I contacted NV DMV talked to both the reinstatement department and the bad debt department. The reinstatement department said I had to send them an $88 money order to have my license reinstated. Bad debt department said that I owed them $500.00 as a bad dept from the check bouncing in 2002 but that it would in no way interfere with me getting my license reinstated. During the course of a 2 week period I spoke to mutable people in the Carson City DMV including a supervisor and was told the same thing by all that all I had to do was send $88. I then FedEx a money order for $88 called today to see if they had processed it so that the hold was released, was told by NV DMV to call back in an hour they had not logged payments for the day yet. About an hour later I received a call from NV DMV tell me that they would not be reinstating my license that now I had to pay $500 plus $88 to reinstate my license, I explained about all the phone calls I had had with the DMV including the ones with the bad dept and how they had told me that the bad debt would not affect me getting my licensed released. The lady from DMV informed me that she did not know what other people had told me but I had to pay the $500 or they would not release it. She also said my call with the bad debt dept had been documented. I said if that is so, it would show I was told that bad dept would not affect my license. She then told me that the bad debt may not affect my license but that it did affect my DMV record and there was nothing I could do about except pay the $500. She then asked me if I could pay the $500 within a week, I told her I did not think so she then informed me she would refund my $88 but it would take 4 to 6 weeks. I asked to speak to her supervisor, she informed me the supervisor would just tell me the same thing and I did not need to be transferred. She also did not give her name during the conversation. Is there not a statute of limitations on a bad check? It has been 13 years. Can they really get away with doing this?

    • You’ve provided a lot of facts, but its still too hard to decipher your situation. Nonetheless, government fines and those who collect government fines are not subject to the FDCPA. Do you have other debt problems?

  22. If I lost a lawsuit and was told I had to pay attorney fees to the other party and now they are garnishing my wages, they are trying to hold me in contempt of court for non payment when I was unemployed, they have stated in court records that they “have reason to believe that my employer has been paying me under the table” which is false, publishing false reports in a news paper about improper conduct, etc. Does this attorney falll in the Fair Debt Collecting Act?

    • Sure sounds like it, and sounds like they are violating your FDCPA rights. Call us now and we’ll get it sorted out. 888-595-911, no obligation free case review. Turn the tables!

  23. nov. 2014 i was trying to get back on my feet after 2 yrs. of bad luck, i went to a rent to own store for just a tv. I ended up buying a sectional aswell. I have complained and complained about the poor quality of the sofa and have seen 4 in their showroom at one time that have been returned for same reason. However the color went out on the tv, i called and they said to bring it back for an exchange. I unplugged it and sat it down in the livingroom until i was off that following weekend to take it in. I get there and they refuse to swap i….,said i would still be required to pay its payment and they new one. So I left it there in the floor and walked out. When my couch payment came due the next month I tried to pay it over the phone however they wouldnt stop going on about the tv payment. Long story short I dont want to deal with people who are not treating me fair… so I am going on 2 months behind on payments— because in the next month I will have a ins. settlement from last years wreck and i want to pay it off in full and never do business there again…howeveer they are calling and coming in to my job daily now..in front of customers and my employees..is that legal?

  24. Can a debt collector release a garnishment off of one person and put the same garnishment on the spouse so they can get more money

  25. does illinois allow head of household as and exemption in a wage order case? I can’t find it inthe law. the law says that “The judgment debtor may have other possible exemptions from garnishment under the law. ” but it does not say what those other possible exemptions are! Also how long after the judgment has been entered can you object to it and fight it or can you?

  26. I have 2 students loans that were/are in default. Each with different servicer but both offered the rehabilitation program to bring out of default. Nine conseutive payments and then tranfered to new servicer to do IBR. After the 7th month my taxes were garnished. I found it was applied to only one of the loans. the representative from that company said the off-set was applied an my balance was $65 but i needed to stay in the program for the next 2 months and then pay in full in order to remove derogatory effects on my credit report. I was told after the ninth month the new servicer would contact me and the status would take 6-8 wks to be taken out o default status. So i just kept calling to find out who my new servicers were so i could move foward. Then i found out that the US Department of Eduacation had taken back the one loan that the off-set was applied to because it was an amount that was too low to qualify for the loan rehabilitation program anymore. So, the program was never finished.No one contacted me to tell me the auto payments were cancelled and that i was no longer eligible for program. In fact when i had called after the off-set they told me to stay in the program. Now still in default status they want a payment in full and cannot offer removing derogatory information off credit score. I want to file a complaint for not being notified about being taken off the program. Because of their screw up i will have this on my report for seven years. This is bad business for sure. What can I do?

  27. I had a debt with Dell Financial services to which I went into default over due to financial problems (husband lost job) I am on SSDI and this company has called my husband, my mother and father. I am in contact with them due to the fact they have said they will sue me. I do not now if they will follow through on their threat>?

  28. Jessica they can’t collect anyting from SSDI but definitely find out what legal action you can do to protect yourself. that is where i messedup and got screwed! there is always a way.

  29. i have to debt that are being reported to transunion and equifax when i call the debt collectors to pay what was being reported they told me that i have more debt that i own that is not being reported because is under 200 dollars. and that if i want my debt to show as pay in full i have to pay all this other charges that were not in my credit report. or if i only pay what is on the report it will be marked as not pay in full. i leave in california can they make me pay everything even when is not on my credit report to be ported as pay in full?

  30. i have to debt that are being reported to transunion and equifax when i call the debt collectors to pay what was being reported they told me that i have more debt that i own that is not being reported because is under 200 dollars. and that if i want my debt to show as pay in full i have to pay all this other charges that were not in my credit report. or if i only pay what is on the report it will be marked as not pay in full. i leave in california can they make me pay everything even when is not on my credit report to be ported as pay in full?

  31. I am trying to help my son clear up his Credit and he obtained information from TransUnion which shows a Civil Judgement against him which was filed in Norfolk, Va. The Company that filed for the judgement is named Freedom Acceptance Corp for the amount of $2,480.00. My son purchased a in dash stereo while San Diego, Ca while he was in the U.S. Navy, he currently resides in San Antonio, Tx. I found out that the Consumer Financial Protection Bureau and The State of North Carolina and the Commonwealth of Virginia sued Freedom Acceptance Corp for Fraud for $2.5 million dollars. The link to the Courts Judgement is located here:
    My son was never served any papers regarding any lawsuit while in California or Texas which is where the lawsuit should have been filed.
    How can we get this judgement removed from the courts in Virginia and removed from his credit report?

  32. An out of state lawyer misrepresents the settlement in a FDCPA case by asking if the plaintiff will settle for $500 without disclosing the actual settlement of $3500. The $3500 settlement is discovered when the SETTLEMENT AGREEMENT AND RELEASE OF LIABILITY form is sent to client for a signature. It does not seem right the lawyer is getting 85% of the settlement and the plaintiff less than 15%. The plaintiff has not signed the SETTLEMENT AGREEMENT AND RELEASE OF LIABILITY. The case was litigated in Texas.
    We are senior citizens and feel we are being ripped off by an unethical lawyer.

  33. I have a credit card that I defaulted on a few years ago and I forgot about it. I have received a call from Credit Recovery Services stating that a suit was about to be filed in my county against me. I thought it was a scam so I ignored it. A couple of days later I received a message from my husband’s ex-wife stating she had been contacted by the Pre-Litigation Office saying that she was one of my contacts and wanted her to have me call them. She stated she would get the message to me but requested they remove her number from their records. I have never and would never use her as a contact for anything.

    I called yesterday (Tuesday) and spoke to a woman named Stacy Hill who claimed to be one of their litigation attorneys and she stated that paperwork was being filed in my county on Friday against me for this card. At first I did not remember the card at all and stated that I had not had one in over 15 years. She then began asking about an address that I supposedly lived at when the card was taken out. It was an address I had never lived at in a city I have not lived in in over 20 years. She began asking me if I knew names of people which I did not. It sounded very fishy because she had no current information about me except what county I live in and I thought perhaps someone had used my SS# to get a credit card. I asked for written proof of the debt and she stated that there was not enough time before it was filed in court to mail me info and asked for my email address. I gave it to her and she stated she would send it by the end of business yesterday but I did not receive it.

    Later after speaking with her I remembered that I did in fact have a card with that company that I defaulted on, however the information she gave me on the phone was still incorrect. She did not have any of the information I had provided on the application of the card which was the last address I had lived at, no where near where she was asking about. I thought about calling her back today and asking again to have her send me proof of the debt but I don’t want to call if it is a scam. On the other hand, I do owe for this card and will be happy to pay it as long as it is the same debt this woman is calling about. My biggest fear is that if I ignore it they will actually file a suit against me. Is it legal for them to refuse to send the information in the mail due to time restrictions of filing in court? Do they not have to actually give me proof of the debt before filing against me and giving me a reasonable time to make payment arrangements?

  34. Can the Fair debt Collection Practices be used to have a biller stop trying to collect on a debt of my deceased father. His mail came to my home. He does not have a spouse and he was the sole owner of this account. I have sent them a death certificate already. If I write and ask them to stop contacting me regarding his account, do they have to?

  35. I received a phone call today around 11:50am, I contacted the number back on my lunch break and it was a wrong number, they tell me that they are sorry and will not call the number again and I’d never hear from them EVER again. Then at 6:27pm, they call again, I was at work, and contacted them back to complain. Girl who picks up the phone says that she sees that I called and told rep in the afternoon that it was a wrong number and that I said it’s a wrong number. She doesn’t see the call history and said maybe the “system” doesn’t know they called already that day… Then she tries to say that she’ll request for my number to go on the “do not call list.” Which she just said in our conversation, that they already did earlier that day. She says that she’ll e-mail manager to do it. I told her that with the way she’s talking, it sounds like they didn’t restrict my number, two are using an auto dialer to contact mobile numbers, which I believe is illegal under the TCPA. She didn’t know what to say, and gave me this silly excuse about how my phone just went off on it’s own, and she didn’t deny the use of a dialer. Told her that I had enough information for the time being, and even a screen shot of the times they called and when I called today.

    I feel harassed. Should I proceed? I would need help, and I don’t make a lot of money to pay for an attorney.

  36. OK, back in 2014 I got a job in SC and had to break my lease in Florida. The complex did charge me $2400 to break the lease, but they did work with me and they did set up a payment plan with me. A Promissory Note was signed and I have been making payments on time every month. Today I got an email from them stating that the complex is for sale and that I need make a payment of the remain balance by next month or they will send my account for collection. Are they allow to do this? My balance still above $900 and I cannot make a full payment by next month, what should I do?

  37. I have a processor that keeps calling my ex inlaws and myself. I called them back and they said they are trying to collect on a “pay day loan” from 2009. They said I have an outstanding bad check with them that the statue to limitations is about to run and that is why they are suing me. Is this a scam? It has been 6 years and I do not recall receiving any information on this .. I called the loan company and they couldn’t find anything with my social security number. My bank (which I haven’t used since 02/2010) couldn’t find anything from October 2009 until 2010.

  38. This is my first time dealing with a debt collector so I need some helpful advice. I contacted my credit card company to let them know I was sending in a large amount to lower my balance, little did I know that my credit card account was closed and they had turned it over to a collection company. The credit card company received two payments from me then I started receiving 800 number calls asking for me and my personal information, etc. I asked them who were they and what was this about but they would not answer my questions because I would not give them information about myself because I didn’t know who was asking. So, I told them if you will not tell me who you are I’m hanging up so I did just that. After that I was receiving calls everyday from the same number which I never answered, what really made me upset was they called my husband’s job asking for me.

    I researched the number and found out it was United Recovery Systems located in Houston, TX. I called the 800 and said I’ve been receiving calls from them and that I will be recording this conversation and to my surprised the person hung up on me. So, I called the same number back and again their computer system saw my number again another phone disconnect. I tried one of the other numbers they used to call me and again the same issue.
    I contacted the credit card company to find out the balance because I was unable to talk with anyone at United Recovery Systems because they did not want me recording them about my account but they want to record me.

    I have written a cease and desist letter which will be mailed tomorrow certified to the company and know my rights under the Fair Debt Collections Practices Act. Since my credit card company accepted my payments after the account was closed and credited my closed account should I just continue to send them my payments?

    Thanks for any advice, suggestions or help.

  39. I got a phone call out of the blue from a collection agency. I moved out of an apartment a couple of months ago and expected to owe them money. I was not sent any information, no statement, no documentation, not even a phone call. They sent it directly to this agency and I am really angry. I understand that I’ll pay the agency directly, no problem. I do NOT want anything on my credit report indicating that anything was sent to collections. What are my rights and what kind of documentation from the original creditor am I entitled to?

  40. I was defrauded by Sears salesman to get me to buy overpriced siding. I bought only for gable ends and one lean-to wall which is only one-fourth of a house. He led me to believe that I was getting a lifetime wholesale membership through Sears. I found out within two months that he lied to me to make a sale. I immediately demanded them to come and take this off my house that there was no contract. I called and sent a letter. I tried resolving this but never got to talk to the dispute dept but instead forwarded my calls to Asia. Sept 2015 I wrote them with a final payment and settlement letter with a check that if they accepted my last payment that I want my refund $4818. They accepted my proposal to never contact me except to refund my money. No communication is within this company. I am being harassed and billed when my end is settled. Please, help me and I am in Texas.

  41. Received a call from an unavailable number. I do not answer these calls and let them go to voicemail. A person said his name was Rob Watson a processor from my county. He would be serving me documents from my local courthouse. He would be serving me either at my work or home Monday Feb 15 between the hours of 3-5. I could call a number to reschedule or talk to the prosecutor. At the end of the call he says my name and says you have been served. I’m in PA and the return number is from Texas. Is this legal? No information on the company owed.

  42. I don’t understand how they can do this over the phone. The above question was mine.

  43. I am a branch manager for a title loan company who clearly states and makes sure that a consumer understands what they are getting into when they get a loan with us. We are clear that these should not be long term loans and that they can be very expensive to pay back. Often we get people who know the system to borrow money and scam us out of collateral and will willingly lie on applications to borrow money they have no intention of paying back. We do our best at underwriting but some are just that good. Some take us for thousands of dollars only to hide or crush the collateral. They go to sites like this and learn tactics to keep us from collecting a debt and pass it to their friends. They also are told that you can help them and it makes them walk away feeling like the victim. Knowledge is power right? So can you explain to me who is out there to protect us? Can you help us from the people who commit fraud and willingly make bad choices and blame us later for harassment?

  44. I had a six month apartment lease. The lease was over then I was in a month to month with no lease agreement. I always had to pay at the beginning of the month to stay. I moved in June of 2014. I did not pay for June because I did not stay. I received a collection for 2 months rent which equal to 1100 dollars plus a re-lofting fee for 450. If they cannot provide a copy of a lease agreement stating that I am obligated to pay what should I do?

  45. I am getting phone calls from a 3rd party trying to collect on a ‘bounced check’ from 2008. The calls started in August of 2015, and started with a check number, and amount than what they are claiming now. I contacted the original company of the supposed debt and they said that personal information was stolen and that the debt wasn’t real. They keep calling. The message they leave says that ‘garnishment’ will happen within 24-48 hours and I need to contact the. When I call the number back they don’t answer, and when they finally did, I explained that this was a scam, and the lady yelled at me. When I explained that I was recently filing for bankruptcy she said’ that doesn’t matter’. I explained that I would not be paying them anything and they needed to stop calling. She continued to scream at me and then hung up. They have my SSN and my address and my bank info. I’ve changed my account number so they can’t take money out of my account, but its still very upsetting. What can I do?

  46. Hi! I just received a call from Data Check of America about a check that was returned in 2001, as you can see it is 2016. They threatened to swear out a warrant. I told them to go ahead and do what they felt was necessary that the check was 15 years old. I also volunteered to call the company it was written to and settle with them and them only. The caller sent me a screen shot of a check that I did indeed write and did indeed appear to be returned. He offered to allow me to, right then, pay just half and settle it. Thoughts? Honestly, they didn’t curse me, I actually cursed them, but that was after he kept talking and wouldn’t listen to any logic.

  47. My aunt received a message on her answering machine today stating> Lisa Harris calling for ME and to call her back at 855-252-3819 as it was very important. I called it and the lady stated I owed over $1000 on a payday loan from 2010 from Twin Bluff Financial. Stated I would receive a summons from an officer to appear in court unless I paid $400 today or made other payment arrangements. I asked her for document for validation and she stated she couldn’t send me anything. I’m not sure what to do?

  48. I received a call from Data check of America (Site DatacheckofAmerica.com) yesterday about a return check from Jan 1988for 39.72 in California. The lady said that it was going to take 209.00 to take care of it. Then she said she would wave some fees to where it would coast 139.72 to pay it off. I said this was 28 years ago and that she couldn’t do anything about it by law. She than stated that they would send it to collection and I said go ahead. She then stated that if I didn’t pay it off they would send it to collection and that I would one day soon find out when I tried to use my debit card that it would be turn down, so is this true. That if sent to collection this could affect me from using my debit card? thank you.

  49. I am paying $100 a month on my Daughters student loan an now they are going to garnish my wages. Is that legal?

  50. Hello I received an email stating that I owed a debit to Ace for a loan. They have emailed me several of times and I asked for them to send over documents where I signed for the loan. Yes they have my information but I never took out a loan with them. Ive asked them serveral times to stop emailing me and this is what they stated to me “Alright we make sure you are going to pay $4,206 (Attorney, Court fees and taxes which is approximately total).
    Best of Luck
    Thank You”

  51. Hello,
    I contracted a car loan and it was sent to Small Claims Court , judgement rendered Jan 10, 2007.
    The amount was $2158.30 and a $115 fee.

    A Collection Agency purchased the account garnished my bank account for $390 and claims I owe them $4386. I spoke to them today and they mentioned that I was ‘at risk’ of having a wage garnishment as well. Is this account eligible for a Statute of Limitations ?

    hank you for your Insight

  52. I bought a Mazda back in 2007 which my dad cosigned for. I defaulted in the loan and wasn’t able to pay for it anymore so I did turned it in voluntarily. They sold the vehicle at auction afterwards and sent me a summons to court to pay the remaining balance. In 2009, they started garnishing my dad’s wages, I’ve been unemployed for years, as I’m a stay-at-home mom so they couldn’t do anything with my wages because I had no income. My dad lost his job in 2012 and he had not heard anything from the company anymore for 4 years. Then today, my dad sent me a text saying that they have sent him a “Wage Deduction Notice” and to appear in court next month! There were no prior notices before this. This debt is 8 years old and is in Illinois. My dad is very scared to have his wages garnished once again. I don’t know what to do! This was my debt, he just cosigned for me. What can I do to vacate the judgement in November? Please help!

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