What to Do When You’re Being Harassed by a Debt Collector

Posted on October 4th, 2013

If you’re being harassed by a debt collector, then you may be wondering what you can do to get relief. Know that you have rights under the Fair Debt Collection Practices Act (FDCPA) and any violations of those rights could allow you to recover damages, attorney fees, and statutory damages up to $1,000. Here are a few steps you should take in order to put yourself in the best position after a debt collector violates your right.

  1. Save everything that you think might be relevant. Persons that have a legitimate case under the FDCPA may not be able to take action because they have no proof of the collector’s action. Keep any voice mail recordings, documents, a phone log of any calls that creditor made. Documentation will be absolutely crucial to the success of your case.
  2. Ask the debt collector to confirm the amount of debt you owe. To do this, take the following actions:
    • Sent a certified letter
    • Request for verification of your debt in writing
    • State that you do not want to be contacted by phone
    • Request a return receipt

    Once a debt collector is told in writing that you do not want to be called, they can no longer do so. Likewise, they can’t contact you at all until verifying your debt.

  3. Request copies of your creditor report. Contact Equifax, Experian, and Transunion to get your credit report and find out if there are any inaccuracies. If you find a mistake, write to the companies to get it fixed. Be sure to also send a copy of this letter to the debt collector through certified mail.
  4. Report Violations to the FTC and the Colorado Attorney General. There are both federal and state laws in Colorado that cover debt collection violations. According to C.R.S. §5-5-109(2), (5) and (6), consumers can sue for violations.

To ensure that you are properly protected, contact a Colorado Springs FDCPA attorney from Torbet Tuft & McConkie, LLC! Our legal team has over seven decades of combined experience that we will utilize to your benefit. We can guide you through the process and make sure that mistakes are avoided. Call Torbet Tuft & McConkie, LLC today to get your free case evaluation.

Resources
Colorado Consumer Credit Laws
Fair Debt Collection Practices Act
Federal Trade Commission