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Author: Sergei Lemberg
Why is A Debt Collector Calling Me When I’m Debt Free?
![Debt Collector Calling No Debt]()
General Rule: An intentional attempt to collect on a paid debt is an explicit violation of the Fair Debt Collection Practices Act (FDCPA).
The debt collection process is a stressful ordeal. If you are dealing with a collection agency they are good at often reminding you that you owe a debt. What a relief it is when you finally pay off a debt. You now are free from having to deal with that collection agency.
However, what if a collection agency contacts you about a debt you already paid? You may second guess yourself and wonder if you do still have a debt to pay. Or maybe you have proof but the collection agency is still contacting you.
If you are being contacted about a debt you have already paid, you have rights under the Fair Debt Collection Practices Act (FDCPA). Read on to learn about those rights and what you can do if a debt collector continues to contact you.
I’m Debt Free But a Collection Agency is Still Contacting Me
It may surprise you to get a call from a debt collector about a debt you paid. Unfortunately, this happens sometimes. This may happen for a variety of reasons. A collection agency may contact you about a debt you already paid for the following reasons:
- Bad Accounting. It may be that the debt collector has made an error in managing your account. This happens sometimes, especially when a debt buyer takes over another creditor’s account.
- You Paid Off the Original Creditor. You may have paid off the original creditor without knowing that your account was sent to a collection agency.
- Intentional Illegal Collection. Some debt collectors are unethical and may try to deceive you into paying a debt you already paid.
- Debt Scam. The company that is contacting you may not have any affiliation with the debt. They may have your account information and now they are trying to trick you into providing them payment or your personal information.
Note: All types of creditors are prohibited from attempting to collect on a debt you already paid. However, the specific provisions of the FDCPA that protect you only apply to third-party debt collectors.
The FDCPA and Wrongful Debt Collection
The FDCPA provides significant protection for consumers. This includes protection from harassment, deception and other abusive debt-collection behavior. This protection extends to debt collectors who are knowingly attempting to collect on a debt that you already paid.
The FDCPA provides protection against other types of wrongful debt collection. This includes:
- Attempting to collect on a debt that is not yours.
- Adding additional interest and other charges that were not included in the original agreement with the creditor.
What Remedies Can I Take If a Collection Agency Is Trying to Collect Money I Do Not Owe?
If you have already paid a debt that should end all communication with a collection agency. When it doesn’t you should take action to put it to a stop. Depending on your situation, consider the below options when a collection agency contacts you about a debt you already paid:
- Send a Letter Proving You Paid the Debt. In writing, send the debt collector a notification that you have paid this debt already. You can send copies of old statements, canceled checks and anything else that proves you paid the debt.
Note: Before you send documentation, make sure you are dealing with a legitimate collection agency. There are debt scams that try to get you to send them personal information to use for illegal reasons.
- Put a Stop to All Communication. If the collection agency continues to contact you about this debt, send them a cease-and-desist letter. The FDCPA requires a collection agency to end all communication if they receive this type of letter.
- Report The Debt Collector to a Federal Agency. For violations of the FDCPA, you can submit a complaint to the Federal Trade Commission (FTC). In addition, the Consumer Financial Protection Bureau (CFPB) also accepts general consumer complaints.
- File a Lawsuit. For ongoing illegal behavior, you may need to file a lawsuit to get the collection agency to stop. This is also your best option if you accidentally made additional payments on this paid-off debt or suffer any other type of loss.
Conclusion
Once you pay a debt off, you should feel a sense of relief. A debt collector can take those good feelings away when they continue to harass you about a debt.
Fortunately, you have tools to stop a collector from continuing to contact you about a paid-off debt. However, if you have specific questions about your situation, request a consultation with a consumer rights attorney. They can help you handle whatever illegal debt collection behavior you are dealing with.
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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