File complaint about collector

To find your state's office, see State Consumer Protection Offices. If you are trying to settle debt and the collector violates the FDCPA, you can use the violation as leverage to settle the debt. This tactic often works because collectors know that an FDCPA lawsuit can be costly to defend and may result in a judgment against them. If you have strong facts proving a violation multiple letters, records of multiple phone calls, testimony of coworkers who received phone calls, etc.

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Grow Your Legal Practice. Meet the Editors. Here's what you can do if a debt collector harasses you or otherwise violates the law when trying to collect a debt from you. Sue the Creditor in Small Claims Court Small claims courts might be a better option for consumers who don't want to hire an attorney or spend the time required for a full-blown state court lawsuit. Talk to a Bankruptcy Lawyer Need professional help? When someone is trying to collect a debt from you, it's important to know what the law says, and how you can use your knowledge about those violations to your advantage.

This article is going to deal specifically with the Federal Fair Debt Collection Practices Act , even though there might be more specific laws in some places. Additionally, it is important to note at the outset, that the FDCPA only applies to third-party debt collectors, not to the original lender. So if the person doing the collecting is the same person that did the loaning, you may need to look for a solution other than the FDCPA. There are certain things that debt collectors have to do in the course of collecting a debt, and there are certain things that they are prevented from doing while collecting a debt.

We'll go through each one, with a small amount of detail. If you don't like lists, then I recommend you look away now. For those still reading, we will proceed carefully. First, as promised, the short list of things that debt collectors MUST do when they contact you:. There, that was painless. But now let's look at the don'ts. This list is a little more intensive than the last. There are rules, exceptions, and exceptions to those exceptions, so buckle up. In regards to not contacting third parties about your debt, there are some exceptions, and this is where the fun begins.

Debt collectors can contact:. However, if they are trying to find you, they actually can contact third-parties, but they can't. Finally, they cannot send postcards or other insecure means of communication. The purpose of this rule is to make it so that someone who simply sees your mail won't know about your debt. There you go! And now, for the part you've been waiting for; that place where the rubber meets the road; the answer to the age old question: what can you do about it?

And the one who's going to benefit from them getting in trouble. Pro tip: One of the keys to being able to win your case is going to be keeping good records.

You should keep a log of every time they try to contact you, who they are, what they say and of every time you have an interaction with them and what you say.

This information could be key to winning your case. Perhaps the first option most people think of is getting a lawyer and going to court. There are pros and cons to getting a lawyer. It can be an effective route, but it means that you will have to talk to an attorney something that most people hope to avoid during their lifetime as well as having to pay them also something most people want to avoid.

However, it also means that you won't have to navigate this whole big process by yourself. It can be nice to have help from someone who knows what's going on and what to expect. If you choose to go forward without an attorney, just know that filing your own lawsuit can get tricky. Much of the process is going to depend on what state you're in, and some things can even change depending on which court you go to in your state.

To find a court in your state and to look into their rules use this link. Generally, you're going to have to do some basic things though. Often times courts will provide templates for pro se litigants that means people who sue without using a lawyer. You'll need to be able to say exactly what happened.

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