someone who says they work for a lawyer has called me about a debt

No. If the debt collector knows that an attorney is representing you about the debt, the debt collector must contact your attorney and cannot contact you. The CFPB’s Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

Full Answer

Do you need a lawyer to file an answer to debt?

A lawyer to help you figure out if you have any defenses, prepare the answer and file it, and represent you in court. If you can’t afford to hire an attorney (or paying for a lawyer would cost more than the collector is seeking in the lawsuit), you can prepare an answer, file it, and represent yourself.

How do I know which company hired to collect my debt?

If you input the number the collector is calling from or the number where she requested you call, you might find others who have been threatened in the exact same ways that you have. The original creditor should be able to tell you which company it hired to collect your debt or which company purchased it.

What to do if a debt collector is Calling You?

Check Your Credit Report. Since the debt collector’s calling you about a paid debt, it’s a good idea to check whether they’ve incorrectly reported the debt to the credit bureaus. Dispute with the credit bureaus if the collector has listed the debt on your credit report. Provide copies of your payment for proof that the debt was previously paid.

Do I need a lawyer for a debt collection motion?

Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion. Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment.

Why would a lawyer's office call me?

It could be that you are a witness to some event that they represent someone else for, they could represent a creditor of yours, or many, many, many other reasons.

Do debt collectors have the right to call you at work?

This means that debt collectors cannot harass you in-person at your work. However, a debt collector, like a credit card company, may call you at work, though they can't reveal to your co-workers that they are debt collectors. If you ask the debt collector not to contact you at work, by law they must stop.

What actions by a debt collector are considered harassment?

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

What should you not say when calling a debt collector?

Don't Give Information About Your Income, Debts, or Other Bills. Debt collectors can get some of this information from your credit report and may even use it to get you to make immediate payment. For example, they may say “I see that you're current on all your credit card payments.

How do I stop a collection call at work?

Simply tell the debt collector that your employer doesn't want them calling your job or that you're not allowed to receive personal calls at work. Once the debt collector is aware of either situation, they are legally required to stop calling you at work.

What debt collectors Cannot do?

A debt collector can't do the following:suggest to your friends, employer, relatives or neighbours that they should pay your debts, unless one of these individuals has co-signed your loan.use threatening, intimidating or abusive language.apply excessive or unreasonable pressure on you to repay the debt.More items...•

How many calls does it take to be considered harassment?

Just one unwelcome call can be harassing; but usually your local phone company will not take action unless the calls are frequent. However, if a call specifically threatens you or your family with bodily harm, the phone company will generally take immediate action. 4.

How many times can a collection agency call you before it's harassment?

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

How many times can a debt collector call you in a day?

According to the FDCPA, a debt collector cannot call a debtor more than once per day for each debt. This means that if you only have one outstanding debt, then your debt collector is only allowed to call you one time per day.

How do I respond to a collection letter from a lawyer?

Four Steps to Take if You Received a Debt Collection Letter From a LawyerCarefully Review the Letter to Determine the Claim. ... Consider Sending a Debt Validation Request. ... Gather and Organize All Relevant Financial Documents and Records. ... Be Proactive: Debt Does Not Go Away on its Own.

Can you ignore debt collectors?

Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.

How do you get out of collections without paying?

There are 3 ways you can remove collections from your credit report without paying. 1) sending a Goodwill letter asking for forgiveness 2) disputing the collections yourself 3) working with a credit repair company like Credit Glory that can dispute it for you.

What does a FDCPA letter state?

Typically the letter will state whether the attorneys involved have yet reviewed the specific facts of your case. Federal collection law (i.e. the FDCPA) provides that they give you an initial disclosure of their involvement, information about the creditor, the amount due, etc. and generally this notice is sent before litigation is initiated. Otherwise, you would have received a Summons and Complaint with a case...

Do letters from attorneys on their face constitute a suit?

That being said, letters from attorneys on their face, without more, do not constitute suit. The letter will usually explain that they are requesting debt, and/or attempting to prevent litigation, etc. However, you should confirm the same with counsel. You should also... 0 found this answer helpful.

What to do if a debt collector calls you?

Since the debt collector’s calling you about a paid debt, it’s a good idea to check whether they’ve incorrectly reported the debt to the credit bureaus. Dispute with the credit bureaus if the collector is reporting an unpaid balance on your credit report.

What to do if you get a summons from a debt collector?

If you get a lawsuit summons, don't ignore it even if you think you already paid the debt. You need to show up in court and present your proof of payment to keep the debt collector from winning a default judgment against you. Contact an attorney if you receive a lawsuit summons, so you know your rights and have adequate representation.

Do you have to send proof of payment to credit bureaus?

You don’t necessarily have to send this proof to the debt collector; if they’re an unscrupulous business, they may have no problem using your checking account information (from the bottom of the check copy) to commit fraud. But, keep your proof of payment handy in case you need to show it to the credit bureaus or the courts.

Who is Latoya Irby?

LaToya Irby is a credit expert who has been covering credit and debt management for The Balance for more than a dozen years. She's been quoted in USA Today, The Chicago Tribune, and the Associated Press, and her work has been cited in several books.

Is it against the law to pay debt collectors?

It’s against the law for debt collectors to misrepresent the amount you owe. So if they’re insisting that you pay a debt that’s already been paid, they’re breaking the law. 1  Before you take it to the highest level, as a complaint to the Consumer Financial Protection Bureau (CFPB) or a lawsuit, make sure there hasn’t been an error.

Can a debt collector contact you if they receive a letter?

When the collector receives your letter, they’re required to investigate and respond with proof (from the original creditor) that you owe. Until they send this documentation, they can’t contact you anymore. 3  The downside is that a debt validation request may not necessarily stop a dishonest debt collector from pursuing a debt you’ve already paid.

What happens if my attorney doesn't respond to my debt?

If your attorney fails to respond to the debt collector within a reasonable period of time or your attorney says that the debt collector may get in touch with you directly, then the debt collector may contact you.

Can a debt collector contact you?

No. If the debt collector knows that an attorney is representing you about the debt, the debt collector must contact your attorney and cannot contact you.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What happens if you don't respond to a collection?

If you don’t respond to the suit, the collector will most likely ask the court to enter a default judgment, which means you automatically lose the case. The court might then simply award the collector the amount it requested, or it might scrutinize the documentation to make sure the amount is legitimate, or the court might require the collector to present evidence before awarding any money. The collector will probably be able to get attorneys’ fees, court costs, and interest in addition to the amount you owe. Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What does the FDCPA rule cover?

The rule explains how the FDCPA's protections apply to digital communications and gives consumers the ability to unsubscribe from debt collectors' electronic messages. It also describes how collectors may use voicemails and limits how often debt collectors can call you.

What happens if a debt collector crosses the line?

If the debt that the collector is calling about is several years old, find out what your state's statute of limitations is for filing a lawsuit to collect the debt.

How do debt collectors communicate with you?

The Consumer Financial Protection Bureau issued a final rule amending Regulation F, which implements the FDCPA, to clarify how collectors may use texts, emails, and use other forms of digital communication, like social media, to contact you.

What to do when a debt collector calls?

More importantly, by knowing what to do and say when a debt collector calls, you can avoid making a mistake that could put you at legal or financial risk. First, you should decide if you want to talk to the collector. If so, be sure to keep a record of what you and the collector discuss.

What to do if you can't afford to pay a debt?

But if you decide not to talk to the collector, send a written request that the collector cease communication with you.

How to deal with aggressive debt collectors?

If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a lawyer. Once you've hired a lawyer, under the FDCPA, a collector must talk to your attorney only—not you—unless you give permission to contact you or your lawyer doesn't respond to the collection agency's communications.

What If the Caller Is a Scammer?

If you're convinced that the caller is, in fact, not a legitimate collection agency, the best thing you can do is ignore the calls. Scammers want quick turnaround and easy prey. If you don't respond, they'll move on to someone who will. Once scammers believe that you're frightened or convinced that you owe the debt to them—and once they know you'll answer the phone when they call—they see you as a target and won't let up.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What is a scam artist?

These types of scam artists often use abusive and harassing tactics to frighten you into providing bank and other personal information while you falsely believe that you're paying real debts.

What is a scammer?

The scam is straightforward. Scammers will call consumers to collect debts, posing as real collection agencies. Often, the scammers will have already accessed your personal information through identity theft or by obtaining your credit report.

What happens if a debt collector doesn't give you the date of default?

If the collector can't provide you with basic information about the debt, like the date of default, amount of principal and interest, account number, whose name the debt is in, or other information, or it refers you to the original creditor for such information, you're likely talking to a scammer.

How do collection agencies accept money?

Most collection agencies will accept payment through some combination of mail, phone, website, or debit card. They want your money no matter how you get it to them. A scammer will usually insist on payment in a single way, like an instant bank transfer.

What does it mean when someone answers the phone?

Someone Answers the Phone Immediately When You Call. Real collection agencies have complex phone systems, or receptionists, which route your call to a collection agent. If you call and the collector answers the phone directly, they're likely using a cell phone, a telltale sign of a scammer.

When should you hire a lawyer?

When disputes arise, a person’s first inclination is often to call a lawyer, attorney Randolph Rice tells Reader’s Digest. But there are many situations in which hiring a lawyer is the last thing you should do. Says Rice, ideally, everyone would resolve disputes without lawyering up. “Getting lawyers involved can escalate tensions and delay resolution, all at great time and expense.” Take it from an attorney—before hiring one, consider if there are other ways to resolve your dispute. Maybe start by checking out these hilarious lawyer jokes.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

How to get a lawyer to do a suit?

If you think there is a real chance of suit, contact your lawyer, or if you don’t know one, call the bar for your state and ask for the names and contact information of three lawyers who do your kind of suits. Go for an initial interview. Most lawyers don’t charge for those, but some do so be sure and ask up front. If nothing happens, you have had an inexpensive learning experience. If something does, you are prepared. Either way, you come out ahead. Good luck.

When you are sued, shouldn't you get too concerned?

When it comes to being sued normally you shouldn't get too concerned unless you're actually served with a lawsuit or a criminal information.

What happens if you don't do pro bono?

If you don’t, you probably would have lost anyway. However - a little effort on your part might surprise you. A lot of lawyers accept a few “pro bono” (the entire phrase is “pro bono publica”, generally understood as “for the good of society or the law in the abstract” - pro bono publico meaning) cases periodically.

Why shouldn't I be worried about summary judgment?

I wouldn’t be worried because it’s nothing you have any control over. If a person is going to spend the time and money to bring a suit, they will do so whether you worry or not. Once the suit is filed, you can answer and keep in mind that if you survive a motion for summary judgment it will in all likelihood be ordered to settlement.

Can you sue a funeral home for cutting a body part?

Yes, but there can be consequences for filing frivolous lawsuits. I am aware of a case where a young man slipped into a funeral home and was caught trying to cut a certain body part from a corpse. He was prosecuted and convicted. He was also judgment proof, not owning any assets to speak of, but his parents were wealthy. The relatives of the corpse sued the parents of the corpse-mutilator on grounds that they were responsible for inflicting mental distress upon the relatives because they had not “properly reared their son.”

Can an ethical lawyer advise a law suit?

More often than not they will fail to do so. No ethical lawyer will advise a law suit where there is no legal basis and no honest lawyer will take on a case without a comprehensive explanation of the time and cost of litigating the case.

Can you sue someone over anything?

It is most often used as a threat to make someone adhere to another person’s wishes. ANYONE can attempt to sue ANYONE over ANYTHING, but very rarely does it ever make it to court much less be heard by a court.