Debt Collector Harassment & Illegal Conduct: Important Steps to Help Preserve
Your Legal Rights
1. Dispute the Debt within 30 Days
Dispute a Debt within 30 Days. Within five days
after first contacting you, a debt collector must send you a written
notice telling you that you have the right to dispute the debt
or part of the debt, to ask for the name of the original creditor,
and to receive both proof of the debt and the original creditor's
name if you dispute it. However, you must dispute the debt within
30 days, or you may lose the rights to get this information.
For this reason, you should dispute the debt if you have ANY questions
about any part of it, including the amount, the interest, the creditor,
and the creditor's or debt collector's rights to try to collect
the debt. If you dispute the debt, the law says the debt
collector must give you proof of the debt before contacting you
again.
Dispute the Debt in a Letter. You need to dispute the
debt in writing and mail it to the debt collector. It can be handwritten
or typed. We have prepared a simple Debt Dispute Letter you
can fill in (handwriting or typing are
both ok) and use to get all this information:
You can open or download it from either of these links:
Photocopy the Letter and Mail it to the Debt Collector. When
you have filled in the letter:
1. Photocopy it and put your copy in a place where you won't lose it
2. Mail the original letter to the debt collector.
3. You can mail it "Certified / Return Receipt Requested," but you
don't have to. This costs more for postage, but gives you
proof that you mailed it.
4. If the debt collector does not give you this information and contacts you
again, and you are a California resident, call us, the
Law Firm of Shewry & Van Dyke, LLP for advice and a courteous, understanding
consultation about your situation. There is no charge for this service.
Our toll-free number is (888)
910-3328. We can help you.
If you are contacted about a different debt, then you must send a second
letter to dispute that one. Each debt needs a separate dispute letter.
2. Keeping a Record of Contacts
Keep a written record of contacts
from a debt collector. A written record helps to prove how much
and what kind of harassment or illegal conduct you put up with.
A good record of contacts can help settle your case against an abusive
debt collector quickly, giving you compensation right away.
We have prepared a simple Record of Contacts form so you can keep track of
the information:
You
can open or download it from either of these links:
For more information about debts, debt collectors, and harassment,
please see these pages:
To contact us now, please see the information below.
We can help you.
________________________________________
If you need help or believe you may have been the victim of harassment
or other illegal debt collection tactics, please call
us, The Law Firm of Shewry
& Van Dyke, LLP, for fast, toll-free advice and
a no-charge consultation at:
(888) 910-3328 (toll-free in California)
E-mail:
We can be reached by telephone
Monday through Friday, 9 a.m. to 5 p.m. We are glad to provide
you with a telephone consultation at no charge.
But please remember that for us to become your
attorneys, we must first have a written attorney-client
agreement signed by both of us. We look forward to
helping you.