There are vital points of verbal and written contact with a debt collector leading up to a lawsuit. Federal and state laws require collectors to follow a specific process when they attempt to recoup debts from consumers. A violation of any part of the process could turn a debt-collection suit in your favor, especially if the violation interferes with your right to defend yourself.
Collector Contact
The U.S. Fair Debt Collection Practices Act requires collectors to send you a notice explaining the debt you owe within five days of first contacting you to request payment. The notice must include your account number, the company you owe and the amount the company is trying to collect. The notice also must provide instructions on how to dispute the debt if you already paid it or you believe you owe less than the amount shown on the notice.
Prohibiting Contact
You have a right to send a letter to collectors to tell them to stop contacting you about paying a bill. The FDCPA requires collectors to stop communicating with consumers after receiving such letters, but there are exceptions. One exception is that a collector can contact you one more time to inform you of his company's intention to sue to recoup a debt. The FDCPA prohibits collectors from making empty threats about lawsuits. They must be prepared to sue you if they inform you of their intention to do so.
Court Summons
A collection agency that files a lawsuit against you must send you a summons, which is an official notification that a suit has been filed. The summons tells you when and where to appear in court to defend yourself, and it comes with a complaint that explains why the company is suing you. A collection agency that fails to send you a summons, or fails to follow rules for serving the summons, gives you a legitimate defense to fight the lawsuit.
Summons Process
An improperly served summons interferes with your right to defend yourself if a collector sues you. That's why there are rules regarding how people receive a summons. For example, the New York City Civil Court indicates that its appropriate for a summons and complaint to be left with an adult at the home of a person facing a lawsuit, but copies of both documents must be mailed to the same address within 20 days of leaving them at the home. Consult with an attorney to dispute a collector's lawsuit if you didn't receive a summons and complaint or you suspect the collector didnt properly deliver them.
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