Friday, September 3, 2004

How Do I File a Complaint Against a Collection Agency That Wants to Sue Me?

Federal and state laws govern collection agency behavior when attempting to collect a debt. Debtor rights include the time that collectors can call and what they can say when they are talking to you. You have the right to tell the collector in writing to stop contacting you and the law prevents a collector from discussing your debt with anyone other than your attorney. Filing a lawsuit against you for collection does not circumvent your rights. You can file a complaint within the year following the agency's violation of the Fair Debt Collection Practices Act or your state laws.

Instructions

    1

    Read the FDCPA. Collection agencies rely on consumers' lack of knowledge when violating the law. When you read the law, you can find violations that you were unaware of previously.

    2

    Report the violation to the Attorney General's office in your state. This office can advise you of any violations of state law. You will need documentation of any phone calls or correspondence that violates the law. Phone records and notes you make during conversations with the agency are acceptable documentation.

    3

    Visit the Federal Trade Commission's website (ftc.gov) to file a complaint using its online form. You will need the same information that you used when filing your complain with your state's Attorney General.

    4

    Send copies of your state and federal complaints to the collection agency and the original creditor of the debt. The penalties for violating the FDCPA are severe and, according to Nolo, the concern your complaint can cause an agency over its own liability can be enough to make them cancel the debt.

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