I’m Being Sued by A Debt Collector – What Now?
Do you know any victims of debt collector harassment? Did you know that roughly 28% of people in the United States with a credit file owe money to a third-party collection agency? Regrettably, not all third-party debt collectors are trustworthy or adhere to the law when collecting debts. They could be infringing upon your consumer rights. If you do not need a debt collector to contact you again, or you don't want to risk being , write the debt collector a letter expressing your wishes. With DoNotPay being the world's first lawyer will help you appeal to stop debt collectors from harassing you at all.
What Is the FDCPA?
Fair Debt Collection Practices Act (FDCPA) is a regulation that restricts third-party debt collectors from collecting debts on behalf of another person or entity. The law limits how debt collectors can contact debtors and the number of times they can do so. The debtor can both the debt collection company and the specific debt collector for liability and attorney fees if the FDCPA is violated.
The FDCPA protects consumers from debt collection agencies that engage in abusive, deceptive, or unfair practices. Even though these agencies are bound to implement federal law, they frequently fail to uphold the FDCPA's standards.
Seven Most Frequently Occurring FDCPA Violations
|Inappropriate contact or information sharing||Without the consumer's express written permission, the agency notifies a third party of the debt. They are permitted, however, to inform the following individuals without permission:
|Communication strategies that are illegal or unethical||Callers who make threats or use obscene or profane language are reported.|
|Debt disclosure and verification||The agency fails to send a written debt validation notice to the consumer within 30 days that includes the amount of the debt, the creditor's name, and a notice of the consumer's right to dispute the debt.|
|An excessive number of phone calls||The debt collection agency calls several times per day and occasionally multiple times in a row.|
|False assertions or misrepresentations||The collection agency represents itself as a law firm, either explicitly or implicitly. Additionally, some consumers complain that the collection agency is attempting to collect an amount more significant than what is owed.|
|Persistent attempts to collect unpaid debt||Consumers are constantly contacted regarding debts they paid off years ago or debts that were never theirs.|
|Acting illegally or threatening to act illegally||The threat of being sued by debt collectors even though the debt is past due and the statute of limitations has run out. Additionally, agencies have threatened to garnish a consumer's wages or seize their home or personal property.|
Can Debt Collectors Call Your Family?
Debt collection agencies have the authority to contact close relatives or your place of employment, but they must be cautious about the information they request. Creditors may contact third parties, such as a cosigner, to obtain your home address, telephone number, or place of work. Inquiring about your location and basic contact details from family members is entirely legal. However, debt collectors are prohibited from inquiring about other subjects with your family or friends. Indeed, collectors are prohibited from mentioning your debt or the amount owed. They typically state that they need to speak with you about an individual financial matter and attempt to contact you but cannot do so.
What Happens if I Ignore Debt Collectors?
Ignoring or avoiding a debt collector's contact is unlikely to result in the collector ceasing to contact you. You should inform the debt collector if you genuinely think you do not owe the debt. If you owe the debt and are unable to pay it, you may be able to work out an arrangement with the debt collector. Additionally, you can request in writing that the debt collector refrains from contacting you, which will terminate the communications.
Ignoring or attempting to avoid the debt collector may result in the debt collector trying to collect the debt through alternatives like . If you can still reach an agreement with a collection agency, you should consult an attorney for advice. Your municipal legal aid office could have information available to you in person or online. Additionally, you may be eligible for free services through legal aid or legal clinics, depending on your income and location.
What Is a Debt Validation Letter?
A debt validation letter is a letter sent to a creditor or collection agency by an individual requesting evidence that the debt in inquiry is valid and not beyond the statute of limitations for collection.
A Sample Debt Validation Letter
As you draft your letter, mention the date and method of initial contact in the letter. Additionally, you must include a statement stating that you are requesting debt validation. Make no admission of debt or reference to payment.
Send your letter through certified mail to ensure that you have confirmation of both the mailing and receipt of the letter.
Here is a sample of a draft letter:
Re: Account Number Details
I am writing this in response to [a letter/phone call] that I received on [date you received the letter/call].
I am writing to request that you verify this debt.
Kindly send the following details:
- The original creditor's name and address, the account number, and the owed amount.
- Proof that there is a legitimate basis for asserting that I am obligated to pay the current balance due.
- Details about the debt's age and amount, including a copy of the original creditor's most recent billing statement; a complete description of any interest added or money paid since the most recent billing statement, as well as the legal authority for this interest; and the date the original lender claims the debt became delinquent.
Additionally, please note whether or not this debt is within the limitation period and how they made the determination.
Please provide information about your jurisdiction to collect this debt: whether you are authorized in my state and, if so, the date of the license, the licensee's name, the license number, and the license number, as well as the name, address, and telephone number of the state agency that issued the license. If you are going to contact me from outside my state, please include your state's licensing information.
Your Given Name
Do I Need to Respond to Debt Collections Letters?
If you receive a letter from a debt collection agency, you should immediately open it, regardless of the quantity. Additionally, debt collection letters sent in rapid succession may contain constantly changing deadlines. As a result, the ramifications of disregarding or discarding any of them could be severe, with debt collectors threatening legal action.
How you respond to a debt collection letter is determined by the type of debt claimed by your creditors. If you believe the proposed debt is reasonable and you can afford to pay it, proceed. It will suffice as a response and should bring any collection activity to a halt. Before this, it is always prudent to check the Statute of Limitations. It can have a variety of different consequences for various types of debt.
Can I Send a Demand Letter to Stop Being Sued by Debt Collectors?
There are numerous justifications for sending a cease-and-desist or demand letter by the FDCPA. Among them are:
- Upon receiving your validation request, the collector cannot verify the debt.
- The debt is due for collection, and you do not wish to deal with it. You invite the debt collectors to sue you by sending a demand letter.
- The limitation period has elapsed. It means the collector has forfeited the ability to file suit in court, and you would want them to quit calling you.
- The debt collector has violated the FDCPA.
- A collector regarding an unpaid debt has contacted you.
What is SoloSuit?
SoloSuit is a step-by-step web application that prompts you with all the questions necessary to complete your response. After completing these forms, you can either print them and mail them to the courts or pay SoloSuit to file them for you and have an attorney review them.
|Phone Number||+1 480-297-1210|
|Email or Contact Formfirstname.lastname@example.org|
Is SoloSuit Legitimate?
Yes. SoloSuit is a very legit company helping many people solve debt-related issues. SoloSuit will show on your credit report as Solosuit credit.
Your Rights When Dealing With SoloSuit
The FDCPA is a federal statute that regulates how third-party debt collectors may treat consumers.
When dealing with Solo suit, the following are some of the rights you must enjoy
- Providing a written debt validation letter within five days of initial contact
- Responding to all debt verification requests and pausing collections until the debt is verified
- Not calling at unusual hours or places
- Not exposing that you owe debts to friends, family, and employers.
- Communicating with your attorney if you have one rather than you
- Respecting requests to stop all collection calls
How to Respond to SoloSuit
When contacted, elicit the following information:
- The debt collector's identity, including their name, address, and telephone number
- The total amount owed, including any fees associated with the debt, such as interest or collection costs.
- What purpose the debt serves and when it was incurred
- The original creditor's name
- Details about how you or another party may be liable for the debt
When a debt collector contacts you in writing about a debt for the first time, the collector must provide you with a written notice containing certain legally required information. If the collection agency contacts you initially by phone, insist on being contacted in writing. Do not give the collector any personal or financial information until you have confirmed that the caller is a legitimate debt collector."
You are presented with several options based on the scenarios.
- If the debt collector has not contacted you within 30 days, you may request additional information about the debt.
- Respond that you are not liable for the debt.
- Indicate when and how you want the collection agency to contact them.
How to Remove Collections Off of Your Credit Report
There is good news if you have debts currently held by a collection agency. The debt collection will eventually be removed from your credit report. For seven years, a collection account will appear on your credit reports.
Here are four ways to get collections off your credit report, raise your credit score, and regain borrowing power:
- Request a Goodwill Deletion.
- Object to the Collection
- Debt Validation Request
- Negotiate a "Pay-for-Delete" arrangement.
DoNotPay can help you through the clean credit report to determine whether your debt collector complies with the FDCPA, whether you were just contacted or have been harassed for months. We'll help you decide what course of action to take after guiding you through a series of questions, and we'll contact the debt collectors on your behalf with a demand letter. We'll file the complaint on your behalf when you choose to report the debt collector to the Consumer Financial Protection Bureau.
How to Stop Being Sued By Debt Collectors on Your Own
The following are the steps we suggest:
- Examine the debt validation letter to confirm the amount owed, the initial creditor, the nature of the debt, and the collector's identity.
- If you believe that the debt is not yours, submit a debt verification request. If the debt statute of limitations is approaching its end, it may be preferable to ignore the collection and wait it out.
- You have a few options after you've verified the debt. You can do the following:
- Repay your debts
- Request that the debt collector refrains from contacting you, but they may choose to escalate the case by filing a lawsuit.
- Please specify how you want them to contact you, whether through your lawyer or requesting that they not call you at work.
- If you believe they've broken the FDCPA, contact the FTC and Consumer Financial.
How to Stop Being Sued By Debt Collectors With DoNotPay
DoNotPay can help you determine whether your debt collector complies with the FDCPA, whether you were just contacted or have been harassed for months. We'll help you decide what course of action to take after guiding you through a series of questions, and we'll contact the debt collectors on your behalf with a demand letter. We'll file the complaint on your behalf if you choose to report the collection agency to the Consumer Financial Protection Bureau.
Here's how it works:
- Search “debt collection” on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.
And that's it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We'll deliver your request directly to the debt collectors via first-class mail or file your complaint automatically with the CFPB so that they're no longer able to use unfair debt collection practices.
Why Use DoNotPay to Stop Being Sued By Debt Collectors
- Fast – You don't have to spend hours trying to solve how to stop being sued by debt collectors
- Easy – You don't have to keep track of all the steps involved in stopping debt collectors
- Successful – You can rest assured knowing we'll make the best case for you
What Else Can DoNotPay Do?
Solving debt collection issues is just one of many things DoNotPay can help you. Here are some links to examples of what DoNotPay can do:
- Obtaining burner phones
- Fighting property taxes
- Appealing banned accounts
- Appealing parking tickets in any
- Connecting with prisoners
- Filing a formal complaint
- Deleting your Instagram account