why do a debt collector attorney need my social security number

Collection agencies occasionally have the Social Security numbers of consumers who do not legitimately owe a debt due to identity theft. When identity theft occurs, the thief steals a consumer's personal information to apply for new credit in the innocent victim's name.

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Do debt collectors know your Social Security number?

Jun 29, 2017 · If the debt collector does this, it minimizes the personal information you need to give out, it increases the odds that you're talking to a "legitimate" company (not a fraudster fishing for your SSN), and it should then be sufficient for you to tell whether their correct and provide the last 4 numbers of your SSN in order to satisfy the collector's desire to confirm the identity of …

Why do debt collectors ask for personal information?

One of the most common misconceptions about credit reports is that a creditor cannot report you if they do not have your social security number. Not only is this false, but it is also more likely than you think that they actually do have your social security number. To help clear the air a bit […]

What happens if I don’t give my identity to a debt collector?

Sep 25, 2019 · Should I share my personal information, including birth date and Social Security number, with a debt collector? You are not required to give out your personal information to anyone. You will always want to take steps to make sure you are not giving out your personal information to debt collection or identity theft scammers.

Should you give your Social Security number to someone trying to collect?

Feb 09, 2017 · Generally no, debt collectors can’t take your Social Security or VA benefits directly out of your bank account or prepaid card. After a debt collector sues you for the debt and wins a judgment, it can get a court order for your bank or credit union to turn over money from your account or prepaid card. This is called a “ garnishment .”.

What can debt collectors do with your Social Security number?

Thus, a debt collector may claim to already know the debtor's Social Security number in an effort to coerce the debtor into voluntarily giving up the information. Some collection agencies even send out form letters asking debtors to "verify" their information in order to obtain missing Social Security numbers.

What information should you not give to a debt collector?

Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know the company or person you are talking with is a real debt collector.Nov 21, 2019

How do debt collectors verify your identity?

While these procedures may vary by company and whether the call is inbound or outbound, there is a common thread: generally debt collectors ask the consumer to verify some piece of personal information, such as the last four digits of the consumer's social security number or the consumer's birth date, to ensure they ...Oct 18, 2018

Can debt collectors get your Social Security?

Generally no, debt collectors can't take your Social Security or VA benefits directly out of your bank account or prepaid card. After a debt collector sues you for the debt and wins a judgment, it can get a court order for your bank or credit union to turn over money from your account or prepaid card.Feb 9, 2017

Should I give my SSN to a debt collector?

The Fair Debt Collection Practices Act (FDCPA) It is always your choice whether to provide any information to a debt collector, even a legitimate one, including whether to verify your identity.Sep 25, 2019

Can Collection Agencies see your bank account?

Only after the judge enters a judgment against you (meaning the creditor won the lawsuit against you) can the creditor have access to your bank account. ... If you have federal loans, the federal government does not need to get a judgment against you to access your bank account as a creditor.Jan 29, 2016

Can debt collectors give out your information?

Debt collectors usually can't contact people you know more than once and they can't say they're trying to collect on a debt. Generally, a debt collector can't discuss your debt with anyone other than: You. ... Your attorney, if you are represented with respect to the debt.Oct 24, 2017

Do debt collectors have to identify themselves on voicemail?

Under the FDCPA, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.Nov 3, 2021

Can you record a conversation with a collection agency?

As long as you give notice to the person on the other end of the line, you can legally record a phone call. Recording phone calls is one of the most powerful tools available for fighting back against creditor harassment.

How long can a debt collector legally pursue old debt?

six yearsIf you do not pay the debt at all, the law sets a limit on how long a debt collector can chase you. If you do not make any payment to your creditor for six years or acknowledge the debt in writing then the debt becomes 'statute barred'. This means that your creditors cannot legally pursue the debt through the courts.Dec 27, 2020

Can a collection agency take you to court?

Debt collection agencies may take you to court on behalf of a creditor if they have been unable to contact you in their attempts to recover a debt. Before being threatened by court action, the debt collection agency must have first sent you a warning letter.May 1, 2019

Can a debt collector take you to court after 7 years?

After the statute of limitations runs out, your unpaid debt is considered to be “time-barred.” If a debt is time-barred, a debt collector can no longer sue you to collect it. In fact, it's against the law for a debt collector to sue you for not paying a debt that's time-barred.

What happens if you don't verify your identity?

If you choose not to verify your identity by providing the requested information, for example, your Social Security number, the debt collector generally will ask you for another form of identification.

What does FDCPA mean?

The Fair Debt Collection Practices Act (FDCPA) generally limits who debt collectors can speak to about your debt, so they may want to ask you questions to make sure they ...

What happens if a debt collector sues you?

After a debt collector sues you for the debt and wins a judgment, it can get a court order for your bank or credit union to turn over money from your account or prepaid card. This is called a “ garnishment .”. A U.S. Department of Treasury rule requires banks to automatically protect certain federal benefits from being frozen or garnished ...

What happens if your bank is frozen?

If your bank account is garnished or frozen: If your bank garnishes or freezes any money in your account, you must be sent a notice of garnishment. This notice may explain the court procedures for claiming any exemptions from garnishment and getting your money released.

Can Social Security be garnished?

Social Security and Social Security Disability Insurance (SSDI) can sometimes be garnished to pay certain government debts, such as back taxes or federal student loans, and debts for child or spousal support. Some benefits, such as Supplemental Security Income (SSI), are protected from garnishment – even to pay a government debt or child ...

Can you get Social Security on a prepaid card?

Many people receive federal benefits such as Social Security or VA on a prepaid card. If your benefits are loaded onto a Direct Express card or to another prepaid account, they are still automatically protected from garnishment just like money in a bank account.

How much can the government take from Social Security?

So, if you are receiving $1,000 a month, the maximum that they can take is $150 per month. For federal tax debts, the government can take 15% of your Social Security check, without any consideration of how much money will be left.

What happens if your bank account is frozen?

If you receive a notice from the bank that your account is frozen and your money is going to be seized or garnished by the creditor, you have to file a claim of exemptions stating that the money in the account are Social Security payments.

Can SSI be garnished?

If the type of Social Security check that you are receiving is SSI or Supplemental Security income, the entire amount is protected from garnishment, even from the federal government. SSI cannot be garnished because this is a federal income program designed to help Americans to meet their basic needs for food, shelter, and clothing.

What does the look back period mean?

What does the lookback period mean? It means that the only protected funds will be two months’ worth of Social Security payments. For example, if you are receiving $1,000 a month from Social Security, the bank will only protect up to $2,000 from your account.

Can a bank freeze Social Security?

The bank is required by law to check whether the money came from Social Security payments before freezing that amount to pay up your creditors. It is the duty of the bank to review where the funds came from and if they came from Social Security payments, they cannot freeze the funds.

Do debt collectors have to pay you?

Many debt collectors will often go to great lengths to get you to pay the money that you owe them. Even if you are unable to pay due to your present circumstances, collection agencies will often use scare tactics to rattle you and force you to pay money. If your only source of income is Social Security, then you should not worry about private creditors because the law is on your side.

David Dong-Jin Oh

At this point, without obtaining his business information, you should not give out your personal information. Like the previous lawyer indicated, if there is a pending "case" against you, you will get served with a complaint.

Dorothy G Bunce

This call is from a collector, and the collector wants to make sure they only speak with you about the debt. There is no court case because if there were, they wouldn't be calling you they would be delivering legal papers to you.

Neal L Weinstein

The other attorneys have given you good advice! NEVER GIVE YOUR SOCIAL SECURITY NUMBER OVER THE PHONE! or other information for that matter. Tell them to sue you if they want, and then you can deal with the local attorney and settle the case.

Ellen Charlotte Carlson

Thank goodness, you are a VERY wise person! I doubt you are being called by a debt collector. It's more likely someone is trying to steal your identity.

What is a social security number?

A Social Security number is one of the most significant pieces of identifying information that any company or individual can have about a consumer. Regardless of how closely an individual guards his Social Security number, a collection agency may still obtain it along with other private financial information in its effort to collect a debt.

What is the purpose of a collection agency?

A collection agency's purpose is to collect consumer debts. Whether it works in conjunction with the original creditor, or purchases the account and collects independently, the original creditor provides information about the debtor to the collection agency to facilitate the debt collection process. If the original creditor possesses the debtor's ...

What does identity theft do?

When identity theft occurs, the thief steals a consumer's personal information to apply for new credit in the innocent victim's name. The thief often uses the victim's Social Security number when applying for fraudulent accounts.

What is the Fair Credit Reporting Act?

The Fair Credit Reporting Act allows any company or organization access to a consumer's credit report as long as it can demonstrate a permissible purpose for pulling credit records. One example of a permissible purpose as defined by the FCRA is a creditor's right to periodically review its clients' credit files.