Iowa Fair Debt Collection: Harassed by Collector Calls?

27.5.10

Harassed by Collector Calls?

Under the Fair Debt Collection Practices Act (FDCPA) and Iowa Debt Collection Practices Act you are protected from harassment. You can also stop the calls and recover money damages for violations.

FDCPA/Iowa Debt Collection Violations
*Repeated telephone calls intended to harass.
*Phone calls to friends, family, roommates, co-workers, your boss, neighbors or others telling them about your debt.
*Calls at inconvenient times.
Example- If you tell the creditor or collection agency it is inconvenient to call after 3pm when your kids get home from school, they have to stop calling after 3pm.
*Telephone calls at work after you have told them your employer does not allow such call.

Attorney Fee Contingent on Recovery
We handle these cases on a contingency fee. So your payment to Jeff is contingent on winning your case. If you don't win your case, you pay Jeff nothing. If you do win, you pay Jeff a percentage of the recovery.

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How much does it cost?

Sam & Ashley handle FDCPA and Iowa Debt Collection cases on a contingency basis. So you don't pay anything unless you recover. If you recover, you pay a percentage. If you don't recover, you pay nothing.

Your recovery depends on PROOF. So keeping good notes of creditor calls: Date, Time, Who Called, What Collection Agency they Represent, Who they are Collecting For & What they Say are vital.

Especially if they call your boss, family, neighbor, roommate etc., make sure you make similarly specific notes on that too including whether they disclosed your debt or just asked how to locate you.

What are my options?

Cease & Desist- You can send certified letters to the collection agencies and tell them you dispute or can not pay the debt. They must stop collection activity. Some will move toward lawsuit at this point so some people prefer containment. If you send these letters make darn sure you keep copies, send them by certified mail and also fax and keep receipts from the fax if they have a fax #.

Containment- If you want some relief from harassment but don't want to encourage lawsuits against you, you can tell the caller it is inconvenient to call you at certain times. Examples-
*"Please don't call after 5pm, that is when I am studying".
*"Please don't call after noon, that is when my son is home from kindergarten".
Then, if they keep calling when they should not and you keep good notes, we can make a claim under the FDCPA or Iowa Act and get them to stop plus pay you damages.
People who are planning to file bankruptcy will often contain the calls this way until they can file their Ch 7.

Iowa Bankruptcy- Of course many people who are struggling with debt collection will file a Chapter 7 bankruptcy here in Iowa and just get a fresh start. Jeff also handles Iowa bankruptcy.

FDCPA Tips

-Take written notes. You may need to testify later about what was said during collection calls. Dates, times & names of people with whom you speak are all important.

If you would like us to email you a Collections Call Log form to fill out each time you get a call, email Ashley@markslawdm.com

Your case succeeds or fails based on PROOF. So we must have good notes to go forward.

-Keep envelopes! If for example there is a stamp that says "Final Demand for Payment" on the envelope, that is a violation of the FDCPA. Even a business name like that conveys it is a collection letter like "American Collections INC." on the return address is improper.

-Do not pay by phone. If you do, the collector may charge more from your account later.

-Don't give collectors your bank name or account number. They will hit you with unexpected charges.

-Keep all voice msgs. If collectors leave a msg. on your answering machine or voice mail, save it!

-Especially keep all pre-recorded msgs. you get on an answering machine that others have access to.

-Don't believe everything collectors tell you. It is not uncommon for collectors to even threaten arrest, although no crime is involved so arrest is not possible.

Common FDCPA Violations

*Collector fails to identify and disclose they are attempting to collect a debt
*Collector calls 3rd parties like employer or neighbor other than once to acquire location information
*Collector discloses debt to 3rd parties
*Collector calls before 8am or after 9pm
*Collector continues communication after written notice to cease communicating
Other common FDCPA violations here in Iowa involve false and misleading statements by collection agents. Examples:
*Collector falsely claims they are about to sue or have sued debtor
*Collector claims debtor has committed a crime or threatens arrest of debtor
*Collector claims debtor will have to pay extra fees/costs that are legal

Creditor Harassment
Questions and Answers

When is it okay for creditors/collectors to call?

Creditors can call you after 8am or before 9pm local time. But they can Not call you at work after you tell them your employer does not allow these calls. Also, they can Not call you when they know it is inconvenient. Hence, if you don't want calls after noon daily you can tell them calls after noon are inconvenient. If they keep calling after noon they are violating the law. Of course good record keeping is important on your part since they will usually deny being warned.

What happens if they call when they are not supposed to?

If you would like, and you keep good records (Proof), Jeff may be able to help you:
*Stop the calls
*Recover Money Damages

What if I am filing bankruptcy?

You can still pursue your creditor harassment claim even if you are filing bankruptcy. Especially if you are planning to file bankruptcy but not ready to do so yet, you can keep notes about calls received, contain the calls by telling them when it is inconvenient to call, and pursue the claim when you choose. If you file the bankruptcy first, your recovery from the claim may be limited to $1,000, but most recoveries are not higher than that anyway.

How do I get started?

Email Jeff with a brief description of the creditor harassment you are receiving. Jeff will forward you a call log to complete and keep track of violations if they occur.

How much does this cost?

Jeff does not get paid unless there is a successful recovery. This is called a contingent fee because it is contingent on recovery. If you recover, you pay Jeff a percentage of the recovery. If you do not recover, you pay Jeff nothing.

Fair Debt Collection Practices Links

The FTCPA is administered by the Federal Trade Commission with Consumer Protection and FTCPA information. Cornell publishes the entire Fair Debt Collection Practices Act and Wikipedia has an easy to understand FDCPA Overview.

Even if you are here in Iowa, also see Expert Law on Fair Debt Collection, and the About page on 15 common Debt Collection Violations. Pennlawyer has more Debtors rights information. The Feeley firm in Boston has www.fdcpa.com.

Jeff Mathias law office at 4800 Mills Civic Parkway, Suite 218 in West Des Moines Iowa, 50265 handles FDCPA cases, our telephone number is 515-261-7526.

Iowa Fair Debt Collection

27.5.10

Harassed by Collector Calls?

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