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About Debt Collection

Being Harassed By Debt Collectors?

Every day unscrupulous debt collectors are doing whatever they can to collect. The collection of debt is a huge and profitable industry where overly aggressive tactics are used on a daily basis to coerce debtors to make payments many of the time they are not obligated to make.

Fortunately, there is a law called the Fair Debt Collection Practices Act (FDCPA) that protects consumers against debt collectors. Simply, the FDCPA says that a debt collector cannot engage in or even threaten to take any illegal actions when attempting to collect a debt. Examples of such actions include harassment, calling or threatening to call a neighbor or relative and discussing the debt with them, contacting or threatening to contact your employer, or threatening jail time.

If a debt collector violates the FDCPA, you can turn the tables and file a lawsuit against them! We vigorously pursue debt collectors who violate the law and make them pay you for their actions. The great thing about pursuing an FDCPA claim through our office is that we make the debt collector pay our fee so that the entire process is at absolutely no cost to you whatsoever.

Whether you are being harassed by a debt collector, receiving threatening letters or voice messages, receiving wage garnishment threats or are facing any other type of issue with an unsavory debt collector, we can help. We offer a free no obligation case review to any potential client who may have a claim under the Fair Debt Collection Practices Act. It’s not an unusual scenario: A creditor calls you again and again, often alluding to bad things that might happen if you do not pay.

At Barshay Sanders we often represent people who have been harassed in this way by debt collectors, sometimes for debts that are not even theirs. There are many things that creditors do to harass and threaten debtors.

These things are illegal under the Fair Debt Collection Practices Act:

  • Calls before 8 a.m. and after 9 p.m.
  • Multiple calls in a day
  • Calls to your workplace
  • Calls to friends, family members or references
  • Disclosure of personal information about you or your debts to others
  • Threats of lawsuits or wage garnishments
  • Other actions that make you feel abused or harassed

What is the Federal law that regulates debt collection and what debt collectors can do and can not do?

The Fair Debt Collection Practices Act (FDCPA), approved in September of 1977 (and as amended), is a consumer protection amendment that creates legal protection for debtors from abusive or harassing debt collection practices.  The purposes of this Act include eliminating abusive practices in the collection of consumer debts, helping promote fair debt collection practices, and providing consumers a legal path to dispute and obtain validation of debt information to ensure it is accurate. The Act creates very specific regulations under which debt collectors may conduct business, it defines the rights of consumers interacting with debt collectors, and it prescribes penalties and remedies for violations of the Act. The FDCPA is essentially a rule book of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.

What Practices Are Off Limits For Debt Collectors?


Debt Collectors Cannot Make False Statements

Debt collectors may not lie when they are trying to collect a debt. Specifically, debt collectors may not:

  1. Falsely claim that they are attorneys or government representatives,
  2. Falsely claim that you have committed a crime,
  3. Falsely represent that they work for a credit reporting company,
  4. Misrepresent the amount of money you owe,
  5. Indicate that papers they send you are legal forms if they are not, or
  6. Indicate that papers they send to you are not legal forms if they are.

Debt Collectors Are Prohibited From Saying That:

  1. You can or will be arrested if you do not pay your debt as stated in Debt Collection Law,
  2. They will seize, attach, garnish, or sell your property or wages, unless they are permitted by law to take the action and intend to do so, or
  3. Legal action will be taken against you, if doing so would be illegal, or if they do not intend to take the action.

Debt Collectors Also May Not:

  1. Give false or misleading credit information about you to anyone, including a credit reporting company,
  2. Send you anything that looks like an official document which also contains debt collection law from a court or government agency if it is not, or
  3. Use a false or fictitious company name.

Debt Collectors May Not Engage In Unfair Practices

According to Debt Collection Law, debt collectors may not engage in unfair practices. For example, debt collectors are not allowed to:

  1. Try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt, or your state law, allows the charge,
  2. Deposit a post-dated check early, or
  3. Take or threaten to take your property unless it can be done legally.

Debt Collection Law Protects You

If you are now, or have been the victim of debt collection harassment in the last year, regardless of whether a debt collector called you excessively, threatened you, yelled at you, called you at work despite knowing you cannot receive these type of calls at work, disclosed your debt to a third party (such as a relative or neighbor or employer), tried to collect a debt from you that you did not owe, or left you a voicemail message without the proper disclosures, contact Barshay Sanders PLLC immediately.  We will stop harassing and illegal debt collection activities promptly and secure any monetary damages you may be entitled to based on the debt collector’s violations of Debt Collection Law and the FDCPA. A debt collector who fails to comply with or violates any provision of the FDCPA is responsible for any actual damages sustained, punitive damages, and statutory damages up to $1,000.00. Plus, the FDCPA has what is called a ‘fee-shift provision’. This means that the collection agency pays your attorney’s fees and costs. Having Barshay Sanders handle your claim and case costs you absolutely nothing. Our fees are paid by the debt collection agency who violated the law. Barshay Sanders is the largest filer of Fair Debt Collection Practice Act violations, and we are ready right now to help you get peace of mind and stop debt collection harassment. CONTACT US TODAY!

We Make Harassing Debt Collectors Pay You

If a debt collector violates the FDCPA, you could be compensated by the collection agency up to $1,000, as well as for the actual damages you experienced, and the attorney’s fees you incurred. What does this mean for you? It means that you do not have to worry about the cost of hiring a lawyer. In 100 percent of the cases we handle, the debt collector involved ends up paying our attorney’s fees – not the client.

What To Expect When You Work With Us

When you work with us, you can expect a legal team that fights hard for you. You can expect an attorney who talks with you in straightforward ways about your rights. You’ll never be overwhelmed by legal jargon or court procedures that you just don’t understand. Instead, you will work closely with one or our experienced lawyers from the moment we take your case until matters are resolved. We are genuinely concerned for your well-being and want to make sure that the creditors who harass you are immediately stopped.

Get Help Now. Stop Collection Calls.


About Barshay Sanders Law Firm

Barshay Sanders is a medium sized law firm located in Garden City, New York, but we help clients across the nation every day. We are staffed with outstanding professionals that help people facing financial problems with highly personalized attention. We stop creditor harassment, we will remove inaccurate information from your credit records, and, if necessary, obtain debt relief through the bankruptcy system. As the largest filer of Fair Debt Collection Practice Act violations, we are committed to obtaining the best possible result for every client, and that includes you.

To talk with a lawyer at Barshay Sanders contact us using the form below or call (855) 456-2240 now.

Free Consultation

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