where report attorney attempt to collect money from you don't owe

by Dr. Trever Upton Sr. 5 min read

The debt collector cannot collect for any debt that cannot be verified. The FDCPA also restricts debt collectors from trying to collect any debt in dispute. Contact the Department of Commerce, the Federal Trade Commission, and the Minnesota Attorney General’s Office at the first sign of a violation of your rights.

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Can a debt collector report you to the police?

Sep 02, 2020 · If the credit reporting agencies will not correct inaccurate information once it’s disputed, then you may consult an attorney about filing a lawsuit to enforce your rights. Disputing a Debt. If you discover a debt on your credit report that you don’t owe or that is otherwise inaccurately misrepresented, it’s important that you dispute that debt. If you’re defending a debt …

What should I do if a debt collector sues me?

Sep 14, 2021 · To file a complaint with the FTC, call its helpline at 1-877-FTC-HELP, or complete the online complaint form. You can also file a complaint or sue if a debt collector employs other tactics, such as: Abusive language (profanity, threatening physical harm) Calling your home before 8am and after 9pm

What can a debt collector do if you don’t pay?

Debt Collection When You Don't Owe the Money. It is not uncommon today for people to be pursued by debt collectors for money they don't owe. This occurs for several reasons: the original creditor may have made an accounting error, you may be a victim of identity theft, or the creditor may have found the wrong person with a similar name. Debt Buyers

How do I deal with a collection agency if I don’t owe?

Aug 07, 2014 · lie about the amount you owe; use deceptive methods to collect a debt from you. For example, they may not: ... You can report problems you with a real or fake debt collector to your state Attorney General, ... This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

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How do I fight a false collection?

List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item. Write a dispute letter and send it to each credit bureau. Include information about each of the disputed items—account numbers, listed amounts and creditor names.Aug 11, 2021

How do I handle a collection notice?

What to Do When You Receive a Collection Notice?Don't take it personally. Financial hardships can come unexpectedly and happen to anyone. ... Review the information. Take a moment and review the information on the collection notice carefully to determine whether you owe it. ... Take Action. ... Don't forget…Oct 1, 2017

How do I respond to a collection letter?

What should I do when a debt collector contacts me?Identity of the debt collector, including name, address, and phone number.The amount of the debt, including any fees such as interest or collection costs.What the debt is for and when the debt was incurred.The name of the original creditor.More items...•Feb 2, 2017

How do I contact a collection?

Contact a collection agency over the phone or by mail to negotiate payment of a bad debt. While communicating by phone may speed up the process, dealing with a debt collector one-on-one can be intimidating. If you're not comfortable talking to the collection agency, send a letter outlining your payment offer.

How do you get out of collections without paying?

There are 3 ways you can remove collections from your credit report without paying. 1) sending a Goodwill letter asking for forgiveness 2) disputing the collections yourself 3) working with a credit repair company like Credit Glory that can dispute it for you.6 days ago

Why you should not pay collections?

Having debt in collections definitely negatively impacts your credit score. Paying off the debt will likely improve your score with credit bureaus that use FICO 9 or Vantage Score 3.0 or 4.0 — the newest versions of credit scoring.Sep 7, 2021

What should you not say to a collection agency?

3 Things You Should NEVER Say To A Debt CollectorNever Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. ... Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. ... Never Provide Bank Account Information.Sep 21, 2021

What do I say to debt collectors over the phone?

Here's some basic information you should write down anytime you speak with a debt collector: date and time of the phone call, the name of the collector you spoke to, name and address of collection agency, the amount you allegedly owe, the name of the original creditor, and everything discussed in the phone call.

Does a debt collector have to send a letter?

Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and other information. If you're still uncertain about the debt you're being asked to pay, you can send the debt collector a debt verification letter requesting more information.

What happens if you ignore a debt collector?

Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.Feb 2, 2018

How do I find out my debts?

How to Find All Your DebtsCheck Your Credit Reports. ... Go Through Old and New Mail. ... Listen to All Those Old Voicemails. ... Contact Creditors You Think You Owe. ... Decide Whether You Can—or Will—Pay. ... Consider Credit Repair Services. ... Keep Up with Credit Reports and Debts in the Future.Feb 22, 2021

How do I find out if I have debt in collections?

Check Your Credit Report You can obtain a free credit report from each of the three major credit bureaus — Equifax, Experian and TransUnion — once every 12 months from AnnualCreditReport.com. If you have any accounts in collections, they'll show up as separate records on your report.Oct 27, 2017

How to file a complaint against a debt collector?

To file a complaint with the FTC, call its helpline at 1-877-FTC-HELP, or complete the online complaint form. You can also file a complaint or sue if a debt collector employs other tactics, such as: 1 Abusive language (profanity, threatening physical harm) 2 Calling your home before 8am and after 9pm 3 False threats, such as threatening to sue or garnish your wages 4 Speaking to others about the alleged debt 5 Calling your place of employment after you’ve asked them to stop

How long do you have to pay off debt?

Each state has a statute of limitations that dictates the amount of time you’re legally responsible for a debt. This time frame varies from state to state, but averages between 3 and 15 years.

What is debt collector?

A debt collector is any creditor who calls for payment on a debt, including an original creditor. However, debt collectors often are collection agencies that purchase an outstanding debt from another company in order to profit on it. For example, if you default on student loans or on a medical bill, the original creditor may give your account ...

What does it mean when a collection is on your credit report?

Having a collection on your report – regardless of whether it’s reported in error – means you could be denied credit cards, auto loans, or a mortgage, and you may also pay a higher interest rate on future loans. Due to the seriousness of a collection account, you should never ignore a debt collector.

How to file a complaint with the FTC?

To file a complaint with the FTC, call its helpline at 1-877-FTC-HELP, or complete the online complaint form. You can also file a complaint or sue if a debt collector employs other tactics, such as: Abusive language (profanity, threatening physical harm) Calling your home before 8am and after 9pm. False threats, such as threatening to sue ...

Can a collection agency buy old debt?

The collection agency can buy the old debt from your original creditor for a reduced amount and keep whatever they collect. Alternatively, original creditors can hire a collection agency and only pay once the debt is collected.

What is the statute of limitations on student loans?

The statute of limitations applies to unsecured debts, such as credit cards, medical bills, utility bills, and private student loans, but not federal student loans. If a debt collector calls out of the blue, don’t hastily acknowledge that a debt is yours. If the debt is valid, in all likelihood, the statue of limitations has passed ...

How to stop a debt collector from calling?

What rights do you have regarding debt collection? 1 You can stop collectors from calling or writing to you by sending them a letter asking them to stop. Once they get your letter, they can only contact you to tell you that they are stopping their collection efforts or tell you what legal remedies they intend to pursue. Remember that this does not give you the right to ignore court papers. 2 You can dispute that you owe all or part of a debt or ask for the name and address of the creditor (the person you allegedly owe). To do so, you must write to the collector within 30 days after you receive an initial letter or call about the debt. If you do this, collectors must stop trying to collect until they send you proof that you owe the debt.

Why do people get pursued by debt collectors?

This occurs for several reasons: the original creditor may have made an accounting error, you may be a victim of identity theft, or the creditor may have found the wrong person with a similar name. Debt Buyers.

What happens if you don't pay your bills?

If you don’t pay a bill, creditors can garnish your wages by suing you, then garnishing your wages or bank accounts based either on the judgment they get in court or on the default judgment they could get if you do not respond to the lawsuit. Thus, if you get a "complaint" (the document that begins a lawsuit), you should contact a lawyer to help you respond to the allegations. If you negotiate a payment plan with the creditor, be sure to put it in writing.

How long can creditors take your paycheck?

If you don’t claim any exemptions, creditors can take part of your paycheck for the next 70 days. Unless the garnishment is for child support, you get to keep either 75 percent of your net wages or 40 times the federal minimum wage, whichever is greater.

What is included in a credit report?

If so, you may be the target of a debt buyer. Credit reports include information about a person's account and repayment history. Information in a credit report impacts how much a person pays for loans and other credit and sometimes whether a person can get credit.

Can collectors harass you?

Collectors cannot harass, oppress, or abuse you or any other person they contact. Specifically, they cannot swear at you, threaten harm to you, call you repeatedly in an attempt to annoy you, call you without disclosing their identity, or publicize your name as someone who refuses to pay debts.

Can a collector collect a debt?

Collectors may not use unfair or unconscionable means to collect a debt. Specifically, they cannot collect any amount greater than your debt, deposit a post-dated check prematurely, deceive you into paying for collect calls, threaten to take your property unless they can legally do so, contact you by postcard, or apply your payment to a debt other than the one you have indicated.

What to do if you don't pay your debt?

claim that you’ll be arrested if you don’t pay your debt. threaten to seize, garnish, attach or sell your property or your wages — unless they are permitted by law to do it and intend to do so. give false credit information about you to anyone, including a credit reporting company. use a fake company name.

When can debt collectors call you?

By law, debt collectors may not: call you before 8 a.m. or after 9 p.m. contact you at work if you’ve told them verbally or in writing that your employer doesn’t allow you to get such calls in the workplace.

What happens if you are behind on your bills?

If you’re behind on your bills, you’ll probably get calls from debt collectors. Their job is to get you to pay or make arrangements to pay. But any debt collector who harasses or threatens you is breaking the law.

What is the FTC Act?

reply. The FTC enforces the Fair Debt Collection Practices Act(FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others.

Can a debt collector sue you for not paying a debt?

After that, your unpaid debt is considered "time-barred.". According to the law, a debt collector cannot sue you for not paying a debt that's time-barred. This FTC article has more about time-barred debts.

How long does it take for a debt collector to send a letter?

Within five days after the debt collector’s initial contact, the collector must send you a statement of the total amount owed to the creditor. In that written correspondence, the collector must inform you what action you can take if you dispute owing the money. If you send a letter within 30 days disputing that you owe the money, ...

Why do people get pursued by debt collectors?

This occurs for several reasons: the original creditor may have made an accounting error, you may be a victim of identity theft, or the creditor may have found the wrong person with a similar name. Internet Loans.

What is the FDCPA in Minnesota?

The FDCPA also restricts debt collectors from trying to collect any debt in dispute. Contact the Department of Commerce, the Federal Trade Commission, and the Minnesota Attorney General’s Office at the first sign of a violation of your rights.

What is payday loan?

Payday Loans. A payday loan is a short-term, high-interest loan, targeted at borrowers who need money between paychecks. Consumers should beware of the costs and fees associated with such loans.

What to do if a debt collector sues you?

If a debt collector sues you to collect the debt (in small claims court or civil court), don’t ignore it, Martindale says. Contact the courthouse to see if they can refer you to an attorney, or, if your income is low, a legal aid organization, she recommends.

What happens if you dispute a debt?

Two things will happen after you dispute the debt if it's still unresolved. The debt collector will send you verification of the debt—and it must by law stop efforts to collect the debt until it has done so. But it’s important to understand what “verification” means—as well as what it doesn’t mean.

Who is Aimee Picchi?

Aimee Picchi is a freelance writer who contributes to Consumer Reports on a range of personal-finance topics. Her fascination with personal finance started at a young age, when her dad bought her 10 shares of Pepsi to teach her about the stock market.

Does Sarah Stark have diabetes?

As a Type 1 diabetic, Sarah Stark expects to have to cope with a lot of medical bills. But one hassle that’s taken her by surprise is dealing with debt collectors. Earlier this year, she says, a debt collector claimed she owed a medical bill that she had already paid. “I know I paid it; I have the documentation,” says Stark, who lives in Michigan.

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How The Scam Works

  • Some Minnesotans have reported that fraudsters pretending to be debt collectors have contacted them to demand payment for an Internet payday loan or other financial obligation that the consumer never made, or another debt to a creditor that the person does not owe. The fraudsters typically contact the citizen over the telephone, but may also send an official-looking letter. In to…
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Fraudulent Threats of Legal Action

  • Phony collection scammers can be extremely aggressive and sometimes threaten to send the sheriff to have a person arrested if the person does not pay immediately. The fraudsters have also threatened to garnish a person’s pay check or bank account, submit affidavits to the court against the person, or send an official to serve the person with a summons. Do not be intimidated into p…
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What Are My Rights?

  • Under the federal Fair Debt Collection Practices Act (FDCPA) and other state laws: 1. Collectors cannot harass, oppress, or abuse you or any other person they contact. Specifically, they can not swear at you, threaten to harm you, call you repeatedly in an attempt to annoy you, call you without disclosing their identity, or publicize your name as someone who refuses to pay debts. 2…
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Red Flags

  • The following conduct by a “debt collector” may be red flags that you are being targeted by a phony collection scam: 1. Threatens to have you arrested or to send lawenforcement officials to your home, or makesother threats of immediate legal action 2. Repeatedly calls you over the phone and won’t provide anything in writing. 3. Refuses to give you the accurate name of its age…
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Personal Information

  • In this age of technology, scam artists are sometimes able to obtain detailed personal information about a person, including banking information and even the last four digits of a Social Security number. Do not be taken in by a phony collection scam simply because the fraudster provides some accurate personal information about you. Do not respond to any requests that you “verify” …
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