Questions & Answers

Under the FDCPA once a you inform the collection agency that they should not contact you, they must cease all contacts. They can however contact you to provide you with proof of the debt. Since you are unable to contact them over the phone and there is no response to your email, you should send them a letter by certified mail informing them about the phone and ask them not to contact you again. If they contact you even after they receive the letter, you can sue them under the FDCPA for violation of your rights. You might want to read further about debt collection and the FDCPA, visit our links. Chris Cook Thomas Hogan Law Office 331 J St. #200 Sacramento, CA 95814 Tel.#: (916) 756-0243

Under the FDCPA, once you inform the collection agency that they should not contact you, they must cease all attempts to contact you. However, they can contact you to provide you with the proof of debt. Since you are unable to contact them over the phone and there is no response. If a collection agency, leaves you a phone number, try calling that number and inquire about the so-called debt and request for proof of debt (if you think you do not owe anything or may have forgotten that you owe something in the past). If they are unable to provide any proof, advise them not to call you anymore or else you could sue them for harassment. Read more about the Fair Debt Collection Practices Act (FDCPA) and Debt Collection, visit our links. Thomas Hogan Law Office 123 10ht St. San Francisco, CA 94103 Tel. #: (415) 727-9001

do you believe that you owe the debt and that their calculation of the amount is correct? Were you actually contacted by the entity that holds/owns the debt. Sometimes "investigators", who are not "debt collectors" as defined in the law, are trying to get "location information." When they make contact, they forward the account to a real collector. How old is the debt? How much to they want? Does the account appear on your credit report, the free one that is really free? If you do want to talk with them, do not make any agreement to pay. Ask them for a copy of the original contract, ie., something with your signature on it, promising to pay. Also, get the "chain of title" of the debt, their calculation of interest and fees, the name and address of the original creditor. After you get this info and documents, you can decide whether to pay, and how much. If this is a credit card debt, were the account holder, or just an "authorized user" on the card? Only the account holder is financially responsible. If they decide to sue you (most often they do not go to the expense of filing suit), you will have plenty of opportunity to negotiate, face to face, with a live representative. If you are served with a lawsuit, and if you file an Answer, It might take a year for them to get a court date. So file an Answer if you are served.

if you owe the money they will call you again. if you want to pay you might also contact the original creditor.

Why are even trying to get a hold of them? Usually people have the opposite problem - the debt collectors call too often, too early, at work, etc. Time is on their side until your debt is too old to collect anymore, which in CA is 4 years from the date of breach of your last payment, so you shouldn't be in any hurry to let them catch up to you or to pay them anything.

Debt collection agencies are all shady and some are difficult to get a hold of because they exist as different entities week to week. If you cannot contact them, that is really not your fault. Perhaps you can send them a letter. Don't be too anxious to settle the debt or enter into a payment plan. These guys are pros at milking accounts bought for pennies on the dollar for all they're worth. If the agency does not want to settle it for an amount your completely satisfied with, threaten to file for bankruptcy. Maybe you should talk to bankruptcy attorney; if a debt is in collection, your credit score is already ruined. Might as well get rid of all your debts in a Chapter 7, as well.