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The things that a debt collector may not do are considerable. You should not decide that you know what conduct is in violation of the law. That is the job for a qualified consumer rights attorney. However, a good rule of thumb is this. If a debt collector does or says anything you feel is unjustified, that causes you any embarrassment, that causes you any stress, or that just does not seem right to you, you need to contact our office immediately so that we can discuss the situation with you. Even conduct that you may feel is not outrageous can violate the law. The best thing for you to do is not to try to determine whether or not the debt collector is abusing you, but instead contact us upon hearing from the debt collector so that we can talk about not only whether a violation took place but what is the best next step for you.

Contrary to what many people seem to believe, you do not have to put up with being contacted by debt collectors, even if you truly owe the debt. Owing a debt is not a crime. And there is no legal justification for a debt collector or a creditor to continue to hound you if you can't pay the debt. This is not to say you should not pay the debt.  Obviously, if you can pay the debt, and it doesn't cause you undue hardship in other areas of your life, you should give serious consideration to paying the debt. However, not paying a debt is not the end of the world, and you should not feel as though the abuse you are enduring is in someway justified. It is not. Debt collectors do not have the right to contact you. It is a privilege, and it is a privilege that you alone control.

If you want a debt collector to stop contacting you, make a copy of the letter they sent you and attach another document telling the debt collector either/or 1) that you do not owe the debt, 2) that you will not pay the debt, or 3) that you want them to stop contacting you. Be sure you put the date on the second letter, and be sure you make a copy of everything before you mail it. There is no requirement that you send the letter by certified mail, and pay for a “return receipt,” but you may want to do that to ensure you have proof.

You can also send a letter within 30 days after you receive the validation notice telling the debt collector that you dispute the debt or some portion of it.  However the debt collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

By far, the best way to get a debt collector to stop contacting you is send a letter to the debt collector and tell the debt collector that you do not intend to pay the debt. Believe it or not, that is all you have to do.

If you are being contacted by a debt collector, the best thing you can do is contact our office.  We do not charge anything to speak with you, and we are glad to discuss the situation with you. By reviewing your situation with us, you can ensure that your legal rights are respected and that you are doing everything prudent.

Every debt collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

This notice requirement is one of the hotbed issues with regard to litigation.  For some reason, debt collectors love to "tinker" with the notices in their letters. The notice may appear correct to you even when it's not correct. Because of this, if you get a letter from a debt collector you should always contact our office immediately. We will be more than happy to review the letter for you at no cost. Do not assume that you know what the notice should say.

Furthermore, some states have additional notice requirements. For example,  California's Rosenthal Fair Debt Collection Practices Act has additional notices built into it.

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work.  Other than to obtain this location information about you, a debt collector is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

Contacting third parties is one of the most common, and most of you soon, tactics used by debt collectors. Collectors may try to contact your coworkers, your supervisor at work, your HR department, your neighbors, your parents, your brother or sister, a roommate, or even your children. Any of this is a violation of the FDCPA and deserves immediate attention. If a debt collector contacts a third person with regard to your debt you need to immediately contact our office and discussed the situation with us.  This is not a minor concern. The court system regrds third-party communications as a serious violation of the law.