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Fact: Pursuant to the Fair Debt Collection Practices Act, a collection agency must tell you how much you owe, the name of the creditor to whom the debt is owed, and that you have the right to dispute the debt within thirty days.

Many Americans like you are being contacted by collection agencies who are trying to get payments on defaulted accounts they have acquired or been assigned. Even though you may owe a debt, you still have rights.

You should dispute the debt in writing if you feel as if the dollar amount the collection agency is requesting is inaccurate, if you feel the debt is not owed or if you feel the debt is fraudulent. You can send a letter to the collection agency within thirty days of first being notified of the collection. You should send this letter via certified mail so that you can prove that they received it. In response to your dispute, the collection agency must cease collection activity until they send you some sort of validation of the alleged debt. They can resume their collection efforts again once they produce proof of your debt.

The Fair Debt Collection Practices Act (“FDCPA”) regulates what debt collection agencies may and may not do. There are many things collection agencies cannot do or say when contacting you. Collection agencies may not:

  • use abusive or obscene language;
  • call before 8am or after 9pm;
  • call you repeatedly;
  • call you at work, if they know that your employer does not permit personal calls;
  • contact any third party and state that you owe a debt;
  • threaten to have you arrested or imprisoned.

    If any of these things occur, your best option is to consult with a consumer protection attorney.

  • 1 Comment

    1. Bernadette Feazell on March 8, 2016 at 11:54 am

      I lived at Stoney Creek apartments in Austin for many years. It was a terribly kept place but lots of fun people, lots of rats, bedbugs, roaches etc. but it was cheap and okay. UNTIL…. My friend’s one bedroom apt. was over run with cockroaches, she lived above the resident Mnt. man and he told her to move out until the problem was solved so she and I went to management and asked them if she could just take over my lease as I wanted to move and they agreed. She began to move into my apartment and as the complex was renovating they were going to replace the carpet in the apartment with laminate just like they had done already in other apartments. NO ONE cleaned the apartment, it was NEVER EMPTY, not for a minute. I received a notice that I owed them over a thousand dollars for “cleaning”, for replacement of the carpet, which was not replaced with other carpet as they allege, it was replaced with LAMINANT just like the others. Now I am fighting with Phoenix Collections over charges that are not even in existence but there seems to be nothing I can do. I filed a Consumer Complaint with the AG’s office and have heard NOTHING. These people are crooks, Stoney Creek in Austin are crooks also, these people should be put out of business, there should be someone to protect consumers against these types of greedy rip offs.

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    Vullings Law Group, LLC d/b/a VullingsLaw is not responsible for the content of the consumer comments provided here.  Vullings Law neither supports nor provides any opinion as to the statements made herein.