Elderly adults are often the victims of overly aggressive debt collectors seeking payment for credit card debt, medical bills, and housing related expenses.
Certainly, a valid and binding debt cannot be ignored by any consumer. But there are, unfortunately, many circumstances where those seeking debt have incomplete or inaccurate information, or the debt collector violates the consumer rights of the individual from whom they are seeking payment.
I recently had the opportunity to sit down with my son, Randall P. Ryder, who is a consumer rights attorney and a partner in developing and maintaining Elder Prent Help. Randall specializes in representing consumers against abusive debt collectors and helping consumers who’s rights have been violated by those seeking to collect debt. Our conversation, which follows, addressed the legal rights individuals have when faced with unfair debt collection practices and suggestions for how to deal with debt collectors who may be violated the law.
What protections are available for elderly adults who may be facing over zealous debt collectors?
Individuals have considerable protection under the Fair Debt Collection Practices Act (FDCPA). Essentially this act prohibits debt collectors from being abusive, unfair, or using deceptive practices when they are attempting to collect a debt from you.
A debt collector can be debt collection agencies, attorneys who specialize in collecting debts and companies that buy debts that have not been paid and then seek to collect that debt. In addition to the federal act, many states have separate laws that regulate dept collection. You can locate your state’s laws by contacting the State Attorney General’s Office.
What do you do if you believe a debt collector is violating the FDCPA?
It is very important that if a debt collector contacts you by telephone that you write down everything you can remember from the phone call. In many debt collection cases those notes become essential pieces of evidence.
Thus, it is important that you have written notes that describe what happened because the debt collector will describe from their perspective what happened during the conversation. The sooner that you can write down everything from the conversation the more you will remember, and you will be in a better position to enforce your rights under the FDCPA.
Are there any specifics people should write down?
Start with the basics: what time was the call, what number did they call from, who did you talk to, and what did you talk about. The more details you can remember, the better. It’s also a good idea to save any voicemails and even take pictures of your caller id on your home or mobile phone.
If you received a letter or any any other form of a written communication make sure you keep it. After the conversation if something does not seem right, call a consumer rights attorney. Do not call the debt collector back out of anger and lose your composure.
If someone believes there is a violation of the FDCPA won’t they have to pay to hire an attorney?
The FDCPA entitles the consumer reasonable costs and attorneys fees if their case is successful, which means that most attorneys are willing to take these cases on contingency. It is critical to understand that these cases only have a one-year statute of limitations—you must bring your case within one-year of a violation of the FDCPA.
If the consumer is successful in court, they are also entitled to up to $1,000 in statutory damages, and actual damages. Actual damages can be in the form of emotional distress the consumer suffered as a result of the debt collector’s actions.
Who do debt collectors represent?
In almost every case, the debt collector is just that—someone collecting a debt for someone else. There are lots of companies that only collect debts. There are also lots of law firms that specialize in collecting debt.
The FDCPA generally only protects consumers against abusive debt collectors, so it is important to ask who is calling you and what they are calling about.
Can debt collectors garnish a consumer?
Yes, but in many cases garnishment is a threat used to encourage payment. State laws on garnishment vary, so you really need to talk to a consumer rights attorney in your state.
In Minnesota, for example, garnishment can only happen in one of three ways. One, after a judgment has been entered. Two, with express permission from a court after filing a lawsuit. Or three, after a lawsuit has been filed and the party has not responded after a set period of time. For the most part, most garnishment takes place after a lawsuit has been filed and a judgment has been entered.
Many times, debt collectors are just attempting to collect a debt—not a judgment. In those cases, threats of garnishment are usually just that—threats.
What should I do if I think a debt collector violated the law?
If you are in Minnesota, you can contact Randall. If you are in another state, contact your state’s Attorney General’s Office, the Federal Trade Commission’s information page on debt collection, or the National Association of Consumer Advocates who can assist you in finding an attorney.
(photo:http://www.flickr.com/photos/skettalee/26011383)
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Randy Ryder is a Professor Emeritus at The University of Wisconsin-Milwaukee and is a publisher of Elder Parent Help.