Disclaimer: The information on this website is provided for general information. It is incomplete and not intended as legal advice for any particular situation. Do not rely on the information contained on this website. Since every situation is different, you should consult with an attorney licensed in your state. I am licensed in Florida and Virginia.
Nothing on this website is intended as a prediction of outcome with respect to any particular situation. If you wish to retain me, please call me for a free initial consultation. There is no attorney-client relationship unless a retainer agreement is signed.
If you are receiving calls from debt collectors, it is important to know what your rights are under the Fair Debt Collection Practices Act (FDCPA).
This is a Federal statute that protects consumers from abusive, harassing, or unfair debt collection practices by third party debt collectors.
The FDCPA allows individuals whose FDCPA rights have been violated to recover actual damages, statutory damages, and attorney fees.
Below is a very, very, abbreviated list of some of your rights:
Getting harassed by a debt collector?
Call (904) 419-9858 for a free consultation.
Collectors cannot contact you at inconvenient times or places. This means they generally cannot e.g., call you
before 8 a.m. or after 9 p.m.
Collectors cannot contact you at work if you’ve told them your employer
prohibits you from receiving collection calls at work.
Collectors cannot contact your friends, neighbors, relatives, or employer, other
than to get your contact information.
Collectors generally cannot contact you if they know you are represented by an attorney.
Collectors generally must stop contacting you if you tell them to do so in
Collectors may not harass or abuse you.
Collectors must disclose their identity when calling you.
Collectors may not use deceptive methods to collect a debt. This means they
Lie about how much you owe;
Falsely claim to be law enforcement;
Claim that you’ll be arrested if you don’t pay;
Threaten to seize property or garnish wages (unless they have obtained
a judgement against you and are permitted by law to take the threatened action);
Provide false credit information about you to a credit reporting company, an employer, or anyone else;
Provide a fake company name.
You also have the right to demand that the collector verify the debt. Note, to exercise this right you must demand
verification in writing within thirty days of receiving written notice of your verification rights.
This is certainly not an exhaustive list. And, there are many nuances. If you feel your rights have been violated
please call me at (904) 419-9858 for a free consultation.