why wont collections attorney talk to you if you don't give them your address

by Edna Muller DDS 10 min read

Can a collection agency contact my lawyer?

No. If the debt collector knows that an attorney is representing you about the debt, the debt collector must contact your attorney and cannot contact you. The CFPB’s Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021. Learn more about the Debt Collection Rule and your debt collection …

What happens if you tell a debt collector not to contact you?

Can collection agencies use texts to contact you?

What do you do if you can't afford to pay collections?

After engaging an attorney to assist with your debt, any collection agency or collection law firm that is contacting you should be informed that you have legal representation. You may want to send the collector a letter and state clearly that you have engaged an attorney to represent your interests. Your letter should specify the account (s ...

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Should you give a debt collector your address?

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

What happens if a debt collector Cannot contact you?

5. You Will Probably Be Sued. If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.Sep 8, 2021

What should you not say to a collection agency?

3 Things You Should NEVER Say To A Debt Collector
  • Additional Phone Numbers (other than what they already have)
  • Email Addresses.
  • Mailing Address (unless you intend on coming to a payment agreement)
  • Employer or Past Employers.
  • Family Information (ex. ...
  • Bank Account Information.
  • Credit Card Number.
  • Social Security Number.
Apr 6, 2022

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

Four Steps to Take if You Received a Debt Collection Letter From a Lawyer
  1. Carefully Review the Letter to Determine the Claim. ...
  2. Consider Sending a Debt Validation Request. ...
  3. Gather and Organize All Relevant Financial Documents and Records. ...
  4. Be Proactive: Debt Does Not Go Away on its Own.
Aug 12, 2021

How long can you ignore debt collectors?

The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.Jul 30, 2021

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.Apr 11, 2022

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.Sep 30, 2020

Why you should not pay collections?

Several potential consequences of not paying a collection agency include further impacts to your credit score, continuing interest charges and even lawsuits. Even if you can't pay the debt in full, it's often best to work with the collection agency to establish a payment plan.Jun 3, 2021

Can I pay the original creditor instead of the collection agency?

Unfortunately, you're still obligated to pay a debt even if the original creditor sells it to a collection agency. As long as you legally consented to repay your loan in the first place, it doesn't matter who owns it. You may be able to pay less than you actually owe, though.Sep 7, 2021

What happens if a collection agency does not respond to a validation letter?

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.Feb 2, 2022

How long does a debt collector have to respond to a validation request?

within 30 days
Debt collectors are legally required to send one within five days of first contact. You have within 30 days from receiving a debt validation letter to send a debt verification letter. Here's the important part: You have just 30 days to respond to a debt validation letter with your debt verification letter.Jan 3, 2022

Can debt collectors contact you by email?

A new rule allows debt collectors to contact you on social media, text or email — not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov. 30.Dec 7, 2021

What happens if you refuse to provide information over the phone?

If you refuse to provide the information over the phone, which you should, you will often quickly detect some annoyance on the part of the debt collector. They may become more aggressive and tell you that they are just trying to help you. They may begin to take on a much more authoritative tone and perhaps even sound more ominous and threatening.

What information can debt collectors get?

Debt Collectors are trained in how to get personal information, such as dates of birth, social security numbers, addresses, bank account numbers, and other such information directly from ...

Can a debt collector trust you?

The debt collector won’t trust you with their own last name. This is the best clue you will ever get that you should not trust them to verify anything. What is likely taking place during the course of these calls is that the debt collector is acquiring all of the information available to determine what property and accounts are available to satisfy an alleged outstanding debt. The debt collector may not have your social security number, date of birth, or current address until YOU give it to them. Depending on whether or not there is already a judgment, they may be preparing to garnish wages or accounts or start other damaging collection processes.

Do you have to provide personal information to a debt collector?

Furthermore, there is no law at all that requires a consumer to provide personal information to debt collector or anyone for that matter over the phone. I often tell my clients that if a debt collector calls their home and asks for a social security number to “verify” identity or for any other purpose, they should first ask for ...

Can a debt collector garnish my social security number?

The debt collector may not have your social security number, date of birth, or current address until YOU give it to them. Depending on whether or not there is already a judgment, they may be preparing to garnish wages or accounts or start other damaging collection processes.

Can you be forced to disclose your assets?

However, there is one situation in which you may be forced to disclose some information regarding your assets or workplace if directed to do so by a court to a creditor who already has a judgment against you.

Do debt collectors have to make false representations?

There are laws requiring that debt collectors not make false representations as they go about their collection work, but the law is only effective when the violators are caught or are at the very least concerned about getting caught. Furthermore, there is no law at all that requires a consumer to provide personal information to debt collector ...

What to do when a debt collector calls?

More importantly, by knowing what to do and say when a debt collector calls, you can avoid making a mistake that could put you at legal or financial risk. First, you should decide if you want to talk to the collector. If so, be sure to keep a record of what you and the collector discuss.

How do debt collectors communicate with you?

The Consumer Financial Protection Bureau issued a final rule amending Regulation F, which implements the FDCPA, to clarify how collectors may use texts, emails, and use other forms of digital communication, like social media, to contact you.

What does the FDCPA rule cover?

The rule explains how the FDCPA's protections apply to digital communications and gives consumers the ability to unsubscribe from debt collectors' electronic messages. It also describes how collectors may use voicemails and limits how often debt collectors can call you.

What happens if a debt collector crosses the line?

If the debt that the collector is calling about is several years old, find out what your state's statute of limitations is for filing a lawsuit to collect the debt.

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

But if you decide not to talk to the collector, send a written request that the collector cease communication with you.

How to deal with aggressive debt collectors?

If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a lawyer. Once you've hired a lawyer, under the FDCPA, a collector must talk to your attorney only—not you—unless you give permission to contact you or your lawyer doesn't respond to the collection agency's communications.

What is a collection log?

A collections log is a written record that you make of the date and time that a collector calls, the person you speak with, and what the collector says to you. Your log doesn't have to be anything fancy—writing it on a notepad or spare piece of paper is fine, or keeping a log using your computer or phone works too. A collections log will help you straighten out who is calling you from where, and what debts each collector is calling about. It will also help you keep track of how often a particular collector calls and document inconsistencies in what collectors say to you from one call to the next.

Tregg Robert Lunn

This smells like a scam to me. Legitimate collectors can and do violate the FDCPA but will disclose the name and address of the company, The fact they use the term fraud raises red flags to me. In my state, payday lenders were specifically left out of statutory remedies that include criminal charges.

Jeffrey Reid Butler

Did you take out a payday loan in the past? One way you can verify if a collection agency is trying to collect from you is by pulling your credit report. You can pull it for free at www.annualcreditreport.com. You can also meet with a lawyer for a consultation.

Shaye Larkin

It is sometimes very difficult to pindown this information from a collection agency. Many of them are located overseas where collection laws are more creditor friendly and by not giving you their information they are seeking to evade getting into trouble under US law. Payday loan companies are the worst.

Graeme L Abraham

Did you take a loan from a payday place around 2012? If so, this is either the payday place itself calling you or they have turned the case over to a collection agency. In my experience, payday places do as much of their collections in-house as possible, so I'm betting it's them.

Shawn Michael Masterson

Be careful not to give any personal information over the phone. If it is a collection agency they will need to verify the account once you request the same. If you did enter into a loan agreement with a pay day loan service, perhaps they have the wrong person.

What happens if you stop a debt collector from contacting you?

For this reason, sending a cease and desist letter might increase the likelihood that the debt collector will file a lawsuit against you to enforce the debt.

How to stop a debt collector from harassing you?

If a debt collector is constantly calling you and causing you stress, sending a cease and desist letter can stop the collector from harassing you. Keep in mind, though, if the debt collector is engaging in these behaviors, you have several other options, including: suing the collector in state court or small claims court.

What are the benefits of sending a cease and desist letter to a debt collector?

Benefits of Telling a Debt Collector to Stop Contacting You. The benefit of sending a debt collector a cease and desist letter is that they'll stop contacting you. If a collector continues to contact you, other than for the reasons listed above, you can sue for a violation of the FDCPA and ask for money damages.

What does the FDCPA rule cover?

The rule explains how the FDCPA's protections apply to digital communications and gives consumers the ability to unsubscribe from debt collectors' electronic messages. It also describes how collectors may use voicemails and limits how often debt collectors can call you.

How to deal with aggressive debt collectors?

If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a lawyer. Once you've hired a lawyer, under the FDCPA, a collector must talk to your attorney only—not you—unless you give permission to contact you or your lawyer doesn't respond to the collection agency's communications.

How long does it take to dispute a debt with a debt collector?

Under the FDCPA, you have a right to dispute the debt and request verification from the debt collector within 30 days after you first receive notice of the obligation.

When do debt collectors have to tell you the statute of limitations?

When Debt Collectors Must Tell You the Statute of Limitations Has Expired. Some states, like California, among others, require a debt collector to inform the debtor if the statute of limitations for a particular debt has passed.

Why are my attorney's messages so annoying?

“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.

What do lawyers respond to?

Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.

How to tell if an office is busy?

Some pretty reliable indications of a busy office are things like assistants frantically running around, others working at computers, phones constantly ringing, filing cabinets with trays full of case files nearby waiting to be filed, and at least a few clients waiting out in the reception room.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Can contingency fees be recovered?

In contingency fee cases, the fee may still be due upon recovery by the new attorney unless you can show good cause for the dismissal . Good cause usually involves a serious mishandling of the case or the client, including:

Can you use percentage contingency fees for collections?

If your attorney knows the area of law, even fees in trade secrets cases can be predicted accurately. Push for numbers regardless of whether you did at the beginning. Then you should be able to avoid this problem in the future.

Can you dismiss an attorney?

While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

How to contact a debt collector?

Any debt collector who contacts you to collect a debt must give you certain information when it first contacts you, or in writing within 5 days after contacting you, including: 1 The name of the creditor 2 The amount owed 3 That you can dispute the debt or request the name and address of the original creditor, if different from the current creditor.

How to talk to a debt collector about your debt?

Explain your plan. When you talk to the debt collector, explain your financial situation. You may have more room to negotiate with a debt collector than you did with the original creditor. It can also help to work through a credit counselor or attorney.

What happens if the statute of limitations is passed?

If the statute of limitations has passed, then your defense to the lawsuit could stop the creditor or debt collector from obtaining a judgment. You may want to find an attorney in your state to ask about the statute of limitations on your debt. Low income consumers may qualify for free legal help.

How long does it take for a debt collector to contact you?

Any debt collector who contacts you to collect a debt must give you certain information when it first contacts you, or in writing within 5 days after contacting you, including: The name of the creditor. The amount owed. That you can dispute the debt or request the name and address of the original creditor, if different from the current creditor.

How long does a debt have to be paid before it can be sued?

The statute of limitations is the period when you can be sued. Most statutes of limitations fall in the three to six years range, although in some jurisdictions they may extend for longer.

What to do if you agree to a settlement?

If you agree to a repayment or settlement plan, record the plan and the debt collector’s promises. Those promises may include stopping collection efforts and ending or forgiving the debt once you have completed these payments. Get it in writing before you make a payment.

What to do if you don't recognize the creditor?

If you don’t recognize the name of the creditor, you can ask what the original debt was for (credit card, mortgage foreclosure deficiency, etc.) and request the name of the original creditor. After you receive the debt collector’s response, compare it to your own records.

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