why contact state attorney general for receiving someone else's collection mail

Can a collection agency Contact you after a letter is sent?

That way, you’ll have a record the collector got it. Once the collection company gets your letter, it can only contact you to confirm it will stop contacting you in the future or to tell you it plans to take a specific action, like filing a lawsuit. If you’re represented by an attorney, tell the collector.

Can a debt collector contact someone other than the consumer?

The Fair Debt Collection Practices Act requires a debt collector who contacts someone other than the consumer to identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer.

Where can I file a complaint about a collection agency?

You may also want to file a complaint with the Consumer Financial Protection Bureau as they are looking into this problem and seem genuinely interesting in helping consumers in this type of situation. How did a collection agency get my telephone number?

Do you need an attorney to sue a debt collector?

So, it’s best to consult an attorney before filing a suit to make sure you have grounds. If you think the debt collector calling you may be fake, you can generally weed out the scammers by asking them for the company’s name, phone number and address.

What if someone wrongfully sends you to collections?

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. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Can collection agencies contact relatives?

Can Debt Collectors Call Friends and Family? Debt collectors are legally allowed to call your friends or family to try to locate you. But they cannot call these people to try to collect the payment for the debt, and they are only allowed to call once unless they believe there may be new information to be found.

Can you dispute a debt if it was sold to a collection agency?

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

Can bill collectors harass your family?

Debt collectors cannot demand payment from family or friends It is illegal for a debt collector to try and collect a debt from a family member or friend that does not owe the debt. For example, if a spouse incurs a credit card debt, the other spouse is generally not responsible unless they were a co-signer on the debt.

Can a debt collector talk to my spouse?

Debt collectors are not permitted to contact you or your spouse if you notify them in writing that you want them to cease communications. A debt collector that fails to cease communications after written notification is in violation of federal law.

What debt collectors Cannot do?

5 Things Debt Collectors Are Forbidden to DoPretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement. ... Threaten to Have You Arrested. ... Publicly Shame You. ... Try to Collect Debt You Don't Owe. ... Harass You.

How do I respond to a collection letter from a lawyer?

Four Steps to Take if You Received a Debt Collection Letter From a LawyerCarefully Review the Letter to Determine the Claim. ... Consider Sending a Debt Validation Request. ... Gather and Organize All Relevant Financial Documents and Records. ... Be Proactive: Debt Does Not Go Away on its Own.

What is the best reason to dispute a collection?

If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, you can dispute them and have them removed.

How can I get a collection removed without paying?

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

Can debt collectors call your friends?

By law, a debt collector is not allowed to threaten or use physical force of any kind towards you, any member of your family or a third party connected to you to try and collect your debt. They can, however, contact a family member, friend of third party to obtain location information on you.

How do debt collectors find your relatives?

Although debt collectors are not legally allowed to call your family directly, they may accidentally make contact. Whether this is by picking up your phone or the home phone, or simply using other methods to reach you, they may speak to one of your family members.

Can a debt collector leave a message with a third party?

Privacy Protections Under the FDCPA The FDCPA prohibits a debt collector from disclosing information about your debt to third parties. If your answering machine is shared with other people, then the communication might violate your rights under the FDCPA.

What to do if a phone bill collector calls again?

If the collector calls again, tell them you are going to report them to the FTC and your state attorney general —and do so. You may want to offer to fax them a copy of your phone bill with your request that your number be removed from the debtor’s records, but you are not required to do that.

What to do if you receive calls from someone else?

Remember, under the FDCPA, if you are receiving calls for someone else, they are required to provide the name of their employer upon request. Tell the collector they have the wrong person, and ask them not to contact you again.

What is Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act requires a debt collector who contacts someone other than the consumer to identify himself, state that he is confirming or correcting location information concerning the consumer, and , only if expressly requested, identify his employer.

What is a consumer in FDCPA?

Block explained that the cease communication provisions of the FDCPA apply to a “consumer,” which is defined as any person obligated or allegedly obligated to pay a debt. So if the call states that someone other than the recipient of the call is obligated to pay a debt, the recipient of the call is not a consumer and does not get the benefits of the cease contact provisions.

Can a debt collector sue someone for a debt?

If the collector is calling about a debt that belongs to someone else, the person receiving the calls can sue for actual damages, statutory damages and his or her attorney’s fees. He also points out that state laws may provide additional rights. In California, for example, the recipient of the calls may be able to sue the debt collector ...

Can you speak to someone on a recorded call?

In other cases, the call is a recorded message and it’s impossible to speak to someone unless she chooses the recorded option, “Press 1 if you are (the debtor).”

Can a debtor register their phone number?

Debtors could register their phone numbers just to make phone calls stop . But already, under FDCPA, a consumer can write to the collector, tell it not to contact them again, and the calls must stop. Summary. If you are getting collection calls for someone else: Take notes.

What happens if a collection company gets a letter?

Once the collection company gets your letter, it can only contact you to confirm it will stop contacting you in the future or to tell you it plans to take a specific action, like filing a lawsuit. If you’re represented by an attorney, tell the collector.

How to stop a collection company from contacting you?

Mail a letter to the collection company and ask it to stop contacting you. Keep a copy for yourself. Consider sending the letter by certified mail and paying for a “return receipt.” That way, you’ll have a record the collector got it. Once the collection company gets your letter, it can only contact you to confirm it will stop contacting you in the future or to tell you it plans to take a specific action, like filing a lawsuit. If you’re represented by an attorney, tell the collector. The collector must communicate with your attorney, not you, unless the attorney fails to respond to the collector’s communications within a reasonable time.

What happens when you miss a payment on a debt?

If a debt is time-barred, a debt collector can no longer sue you to collect it.

What is the FTC law on debt collection?

The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Here are some answers to frequently asked questions to help you know your rights.

What happens if the statute of limitations runs out?

If the statute of limitations has run out, your unpaid debt is considered to be time-barred. When asking about your debt, remember that in some states, if you acknowledge in writing that you owe the debt, the clock resets and a new statute of limitations period begins.

How to dispute a debt?

If you don’t recognize a debt, send the debt collector a letter, and ask for verification of the debt. Once you get the validation information, if you don’t recognize a debt, or don’t think the debt is yours, send the debt collector a dispute letter saying you don’t owe some or all of the money, and ask for verification of the debt. Make sure to send the dispute letter within 30 days. Once the collection company receives the letter, it must stop trying to collect the debt until sending you written verification of the debt, like a copy of the original bill for the amount you owe. Consider sending your letter by certified mail and requesting a return receipt to show that the collector got it. Keep a copy of the letter for your records.

How to avoid debt collector scam?

To avoid debt collection scammers, be careful about sharing your personal or financial information, especially if you’re not already familiar with the collector.

How long do you have to answer a collection lawsuit in Minnesota?

In addition to doing everything mentioned above, you will also be required to submit an answer to the lawsuit. In the state of Minnesota, you have 20 days to respond with your answer. What constitutes an answer is a formal legal document that addresses each of the allegations in the accusations. If the debt is someone else’s, these allegations should be something that can be denied in the lawsuit. It is also worth noting in your answer that the debt is another person’s. Even if it is not your debt that is owed, an answer is still required. Inability to give answer to the lawsuit will realistically produce a default judgment against you. A default judgment can be troublesome (and very costly) to overturn, even if the debt is someone else’s. It may also lead to trimming of wages and other annoyances.

How to tell a debt collector you don't owe?

If the collector asks you to confirm the last four digits of your social security number or any other personal identifier, this may be fine to answer, especially because by doing so, you are helping to confirm that the debt is in fact not yours, but giving them your whole social security is not advised. Another tactic many collectors use is to ask if you know the actual account-holder and how to reach them. You are not required to do so.

How to tell a debt collector that you owe someone?

In addition to verbally telling the collector that it is someone else's debt, you may consider sending a follow-up letter confirming what you told them. Identify yourself in the letter and then write something like: "you called me on this date at this number. I am not the person who owes this debt. Please stop contacting me. " If you know any details about the account in question, include a reference to those in your letter to be sure the collector can properly identify the account. Send this letter certified mail with a return receipt and keep a copy of the letter and receipt for your records.

What to do if you have a debt collector?

If you've told the debt collector that you are not the right person and continue to get collection calls for someone else, it's time to talk to a consumer rights attorney to discuss the situation in more detail. In addition to helping you stop the collection attempts, a consumer attorney can advise you whether you have any claims under the Fair Debt Collection Practices Act against the debt collector. If the debt doesn't belong to you, you've told the collector that, and the collector still keeps calling, it deserves to get sued under the FDCPA and be held accountable for harassing an innocent consumer.

What is an answer in a lawsuit?

An answer is a formal legal document that responds to each of the allegations in the complaint. If the debt isn't yours, you should be able to deny most of the allegations in the lawsuit. You should also note somewhere in your answer that the debt is someone else's. Even if you don't owe the debt, you have to answer the lawsuit.

How long does it take to answer a collection lawsuit in Minnesota?

You should do everything suggested above, but you also have to submit an answer to the lawsuit. In Minnesota, the answer must be submitted within 20 days. An answer is a formal legal document that responds to each of the allegations in ...

What to do if you don't owe a debt?

If a debt collector is calling or writing you about a debt that you don't owe, the first thing you should do is tell them very clearly that they have the wrong person and that this is someone else's debt. Be polite but firm. The collector may ask you to confirm the last four digits of your social security number or a similar personal identifier. While it may be unwise to give the collector your full social security number, there probably isn't too much risk in giving them the last four digits to confirm that the debt isn't yours. The collector may ask you if you know the actual account-holder and how to reach them. While you're under no obligation to do so, you may consider passing along the other person's information if you know it.

What is debt harassment?

Debt Harassment. On of the most frequent consumer complaints received by the Consumer Financial Protection Bureau are annoying collection calls for someone else. It's unclear whether these collectors are intentionally pursuing the wrong person or that they've made a mistake. But if you're getting calls or letters from a collector ...

What does it mean when a debt is placed with a collection agency?

The placement of a debt with a collection agency or servicer means that your primary creditor has exhausted their in-house attempts to collect the debt. Before the collection agency became involved, those efforts usually started with multiple letters and phone calls.

What to do if you can't pay a debt?

If you are unable to pay the debt for any reason, you should consider debt negotiation or bankruptcy. Find out what options are available for you.

What happens if a creditor doesn't pay your debt?

Once your creditor decides that their attempts will not yield payment, they either sell your account to a third-party collector, or hire a debt collector to make further attempts at collection.

Can a collection agency be intimidating?

Receiving a letter from a collection agency or attorney can be very intimidating.

Can a collection agency send a letter to an attorney?

A collection agency from whom you have received a letter will typically turn the file over to an attorney if they are unable to acquire a payment. The attorney may send their own collection letter in an attempt to get payment before filing a lawsuit.

What to do if you receive someone else's mail?

If you’re receiving someone else’s mail with your correct address, you need to inform the mail carrier and post office that they no longer live there. Again, a sticky note placed on the letter with a message like “person no longer lives here” will do the trick. Stick it in the outgoing and hope the post office adjusts their records. This might take a few tries, and you may even have to call the post office if it continues.

What happens when you misread an address?

Carriers sometimes misread an address, letters can shift around in the back of the truck and people move without updating their addresses —all circumstances would could result in you receiving mail intended for another recipient. Here’s what you should do if you get mail ...

Can you write a note on an envelope?

It’s best not to write your note directly on the envelope or article and risk defacing someone else’s mail, say rural mail carriers Tara O’Sullivan and Julia Bavaro. If you use a marker or Sharpie and it bleeds through, it could cause the intended recipient more grief than is necessary.

Is it illegal to open someone's mailbox?

It is not illegal to open someone’s mailbox (as long as it’s not locked), and it’s not illegal to personally forward mail to the correct address as long as the mail has proper postage. You could also knock on their door and hand it to them if you know them (or feel comfortable doing so).

Can a post office return a letter to a collection agency?

Since the debtor does not reside at your address, you can request the post office to return the letter to the sender - the collection agency. If you don't succeed, you can inform the collection agency that they are sending the letters to the wrong person or that the debtor does not reside at the address and that you do not have any information about the debtor. Once you inform them, they cannot contact you. You...

Can you sue a neighbor for a certified return receipt?

Tell them is not you in writing certified return receipt. If they continue to bug you, you may be able to sue them. There are attorney's specializing in unfair debt collections. I don't have the expertise in these type of lawsuits, but it seems that if they know they have no grounds to be contacting you and are making demands of you, then I would imagine that it is a violation. If you know who the neighbor is and they are...

What happens if a collection agency calls for someone else?

If you’re wondering about how this could impact your credit score or what happens when a collection agency calls for someone else, the answer is not much. Unless the debt is being reported in your name in error on your credit report, nothing will happen to your score.

How to get the name of a collection agency?

Write down the phone number they are calling from and try to speak to someone to get the name of the collection agency. Remember, under the FDCPA, if you are receiving calls for someone else, they are required to provide the name of their employer upon request.

What to do if you call debt collectors again?

While this may seem obvious, many people just hang up on debt collectors once they find out who’s calling. But simply asking them not to call again can go a long way. Make sure to tell them that they have the wrong number. If they call again after that, let them know if they continue calling, you’ll file a report with the Federal Trade Commission.

How to avoid debt collector calls?

Of course, the best way to avoid calls from debt collectors is to always make sure you pay your debts on time. It’s also a good idea to avoid cosigning for friends or family who may not be able to pay the debt. If they stop making the payments, you’re on the hook for the debt and legitimate debt collection calls until the balance is paid.

What to do if you don't know if you have a harassment suit?

While notifying the FTC and attorney general’s office is usually the last step, extreme cases may need legal action. If you don’t know if you have legal grounds for a harassment suit or can’t get the calls to stop, talking to a consumer law attorney may help.

What happens if you get a lot of debt collection calls?

If you’re getting a lot of debt collection calls check your credit report to make sure there’s not something opened in your name you don’t know about.

What does it mean when you get a call from a number you don't know?

You get a call from a number you don’t know, and when you answer, it’s a debt collector asking to talk to a friend, family member or someone you’ve never even heard of.