Collection agency question

by Tami

Is it legal for a collection notice to suggest you contact an attorney? My first notice did.
My second notice states I have NOT been cooperating with them to resolve, but I have been. They want an amount I can not afford and they will not take any less nor work out any deal. I"m willing they are not.

If I could afford a lawyer I'd have one. So what do I do?

Comments for Collection agency question

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Sep 30, 2009
Collection agency notice
by: Gerri

I don't know whether the notice you received would be in violation of the federal Fair Debt Collection Practices Act. However, debt collectors are not allowed to mischaracterize the nature or status of a debt. So it's possible the notice or conversation was breaking the law. (The way you describe them saying you are not cooperating when you are trying to do so leads me to think it's possible they could be making illegal statements.)

Please consider a few things:

1. Take good notes every time you talk with the collection agency. If you have not done so already, please download our free debt collection worksheet

2. Read our ebook Debt Collection Answers: How to Use Debt collection Laws to Protect Your Rights. It may help you identify situations where the debt collector is not following the FDCPA.

3. Consider talking with a consumer law attorney who specializes in consumer debt issues. The first consultation is usually free. If you have a good case, the attorney may be willing to take your case on a contingent fee basis, which means s/he gets paid only after the case is resolved.

4. If the collection agency does take legal action - such as filing a lawsuit against you - get legal help. You can
click here to talk with a bankruptcy attorney for free. Bankruptcy attorneys are usually very familiar with debt collection issues as well. If they don't take those kinds of cases they can usually refer you to someone who does.

As a reminder, we provide educational information, not legal advice.

Good luck - please let us know what happens.

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