Debt collectors
When a collector gets the facts, or the rules, wrong
A collection letter is written to make you pay quickly. It isn’t always right about what you owe, or to whom.
I defend people sued over consumer debts and bring claims against collectors who break the Fair Debt Collection Practices Act. When a collector breaks it, the law lets you recover your damages and makes the collector pay your attorney’s fees; your engagement letter says which court costs you could still owe.
What to look for
Lines worth reading twice
Keep every letter, voicemail and court paper. These are what I check.
Who says you owe them
Debts are sold and resold. The company suing you has to show it owns this debt, and many can’t.
The amount and the date
Fees and interest the original contract never allowed, and debts so old the time to sue on them has run out.
How and when they call
Calls before 8am or after 9pm, at work once you’ve said you can’t take them there, or to your family about your debt.
The court summons
A lawsuit has a short deadline to answer. Ignore it and the collector can win by default and garnish your pay.
Questions people ask about collectors
Can I tell a collector to stop calling?
Yes. Send a letter asking them to stop. After that they may contact you only to confirm they’re stopping or to say they’re taking a specific step, such as filing suit.
I was served with a lawsuit. What now?
Don’t ignore it. The deadline to respond is short and is printed on the summons. Send it to me the day it arrives.
If I pay a little, does that help?
Sometimes it hurts. A small payment on an old debt can restart the clock on how long a collector has to sue. Ask first.
Will suing a collector make things worse?
It’s against the law for them to punish you for asserting your rights. And a claim against a collector can sometimes offset or end the debt itself.
Signature line
Send me the letter or the summons
Include the envelope if you still have it. The postmark can matter.