How to Build Your Fair Debt Collection Practices Act Case Against a Collection Agency

Jeffrey Scott Hyslip

Written by  Pro

Debt Collection Attorney

Contributor Level 13

Posted almost 2 years ago. 19 helpful votes

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1

Keep All Documentation/Voicemails

Keep all letters and voicemails you receive from the collection agency. A voicemail from a collection agency turns a questionable case into a "slam dunk".

2

Document All Incoming Telephone Calls.

When you actually speak to the collectors at the collection agency, document the calls. On my website, www.lifetimedebtsolutions.com, I have a form you can use for documentation purposes below. Keep this log by your telephone and in addition to documenting the basic information about the call, immediately write down your impression of the call, your feelings after receiving the call, etc. This will help you remember what was said and how you felt at a later time. Also, it is important to find out what debt the collection agency is calling about. If you are going to build a case against the collection agency, you need to know the dates and times of their calls and, if available, the name of the collector. The easiest way to do this is to ask the collector when you speak with them: (1) who do you work for? AND (2) what debt are you collecting on?

3

Contact an Attorney/File a Complaint with the FTC

Contact an attorney so they can assist you in getting the calls to stop/preserving your case. I can recommend a consumer attorney in the Jurisdictions I am not licensed to practice so if you'd like a referral, feel free to reach out to me. Additionally, I encourage consumers to contact the FTC and file a complaint, below.

Additional Resources

Consumer Protection FDCPA

START HERE!

Debt Collection Call Log

File a FTC Complaint

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