The Law Office of James Michel

Consumer Defense and Bankruptcy Attorney

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Your Rights

Federal and state laws regulate how debt collectors may deal with you when collecting consumer debt. Even if you owe the debt and are unable to pay it you still have rights. Debt collectors CAN NOT:

  • Yell, swear at, or insult you.
  • Call your workplace if you have told them not to.
  • Contact you before 8:00 am or after 9:00 pm or in any way that the debt collector knows is inconvenient to you, such as calling in the daytime if the debt collector knows you work at night.
  • Inform your friends, neighbors, or family members (except your spouse) that you owe money to someone, or call your friends & family members repeatedly.
  • Harass you in any other way, like calling multiple times in one day or calling immediately after you hang up with them.
  • Make Robo-calls or texts to your cell phone.
  • Threaten a lawsuit if they do not intend to file one, or threaten liens or wage garnishment unless they already have a judgment against you.
  • Threaten to have you arrested.

If debt collectors are doing any of these things you need to contact us right away so we can help you record and stop the violations and recover damages that you have incurred. See Stop the Calls for how you can begin to protect yourself now.

Stop the Calls

You are not required to speak to debt collectors. Send a letter by mail stating that you no longer wish to be contacted by phone. You may be able to sue the debt collector for damages if the calls continue, and/or if the collector uses illegal tactics. See Collections Defense: Your Rights for more information about what collectors can and can’t do, and take the following steps immediately to preserve your rights:

  • Save all notices and letters from collection agencies.
  • Save all voice messages from debt collectors.
  • Make a written log of all conversations with debt collectors.
  • Take a photo or screenshot of all calls from debt collectors, even if they did not speak to you or leave a message.

And most importantly call us immediately so we can help you enforce your rights and recover your damages.