DEBT COLLECTION FAQs

At what times of day can debt collectors actually call me?

Thanks primarily to the Fair Credit Collection Practices Act; creditors are only allowed to contact you via phone from the timeframe of 8 AM and 9 PM. Any calls outside this range are illegal.

Are they allowed to leave messages on my machine?

Often times, if collectors just decide to kindly leave their name and callback number, that’s okay. However, collectors cannot even say via voicemail that their call is debt-related. Because others can listen to your voicemail, it’s seen as third-party communication, an outright violation of the law.

Are they still free to harass me if I don’t owe any debts?

Writing a good cease communication letter is good way to stop harassment by collectors. If they continue to call you after they receive the letter, call one our experienced debt collection attorneys at Arguello Law Firm immediately. Make certain that you mail off this communication via certified mail, so that you can prove beyond a shadow of a doubt, that they received it.

Can they call my job?

You can only be contacted by creditors at work when they call to confirm you actually work there. That’s it. These collectors are required by law to stop contacting your job after you tell them such calls are not permitted. They are not legally permitted to even mention any debt, and they are not allowed to call your job more than once. If these annoying debt collectors violate the FDCPA, you need to fight back with an experienced debt harassment attorney at the Arguello Law Firm.

I’m afraid of having my wages garnished. Can they do so?

Only after they file suit, and serve your employer with a court document allowing such action. It will not take long before collectors are allowed to start subtracting money out of your paycheck.

Can I be taken to jail?

People do not, and cannot be imprisoned for owing a debt. It’s that simple. It is illegal for any creditor try and scare you by saying you can be imprisoned.

What about calling my cell phone, even when I never gave out my number?

Calling your cell phone without being given the number is illegal. Such disobedience of the law means you may be able to collect legal damages, for each and every violation. If this is happening to you, CALL the Arguello Law Firm ATTORNEYS IMMEDIATELY.THIS IS ILLEGAL.

Is it okay for a creditor to force me to increase my debt payments?

After finding yourself backed up on a loan, or in a state of default, debt collection agencies can collect the total balances due on a certain debt altogether. Thankfully, creditors will often compromise with you and accept less than the total.

Can a debt collector sue me even after making my payments punctually?

Definitely. Your creditor has grounds to file suit against you after you default, even if you make timely payments after. It is imperative that you are able to prove that you have been reasonably attempting to honor your debt. In the unfortunate event that you are sued and taken to court, be certain that you can prove your income and expenses. That way, you will be able to testify that you are able to eventually pay off your debt.

Is it possible to have even my incremental payments denied?

It is quite common for a creditor to actually deny incremental payments. Many times, these collectors will even return checks to anyone who does not pay enough. the Arguello Law Firm advises that you put that check into a savings account, so you can prove that you were, and are, trying to honor your debts.