General Rule: Ignoring a Lawyer’s letter is a violation of the FDCPA. Notify your attorney, document any communication and remind the debt collector an attorney represents you.
While the debt collection process is legal, many issues may arise along the way. Frequently during the collection process, a debt collector will become aggressive. This may lead to them breaking the law.
At some point, you may decide to hire an attorney to represent you in dealing with the debt. When that happens you can notify the debt collector to send all future correspondence to your attorney.
However, what happens if a debt collector ignores your lawyer’s letter? What if they keep contacting you for the payment of a debt? If so they are in violation of the Fair Debt Collection Practices Act (“FDCPA”).
This article will help you understand the debt collection process when you hire an attorney to represent you. If a debt collector ignores communication from your lawyer you will learn different tactics both you and your attorney may take.
Why Hire an Attorney?
There are many reasons you may decide to hire an attorney to represent you in a debt collection situation. It may be that the debt collector is harassing you. Despite repeated demands, you continue to get calls at odd hours. On top of that the people that call you continue to harass you with profane language and various threats.
Usually, a person will try to resolve the matter themselves. However, some debt collectors are relentless and will continue the unlawful behavior. That is when a consumer will often get a lawyer involved.
When a lawyer gets involved they will send out a notice to the debt collector. This notice will let the collection agency know that an attorney is representing you regarding a particular debt. It should also notify the debt collector to send all communication to the attorney. Lastly, the attorney will usually demand the debt collector to stop whatever illegal behavior they are engaging in.
The Debt Collector Keeps Harassing Me: What Should I Do?
The first thing you should do is notify your attorney. They have experience in handling these types of cases and will take whatever action is appropriate for the situation. However, here are some things to consider:
- How long ago was the debt collector notified? Some debt collectors are large companies. It may take a few days or even a couple of weeks for a large debt collector to notify the appropriate parties not to contact you.
- Did You Provide Your Attorney With the Correct Contact Information? Double-check to make sure you gave your attorney the correct contact information.
If the harassing activity continues, make sure you keep evidence of anything that could prove the violation. This may be a letter, voicemail, text message, call log or other types of evidence.
You should also take notes of any communications you have with the debt collector. This includes details on the conversation, who you spoke with and when. As you are gathering this information make sure that you are passing it along to your attorney and following their advice.
Some options you and your attorney may consider include the following:
- Send a cease-and-desist letter. If you have not taken this step consider sending this demand to a collection agency. Send the letter via certified mail so the debt collector cannot claim they did not receive it.
- Submit a complaint with the Federal Trade Commission (FTC) or Consumer Financial Protection Bureau (CFPB). The FTC handles the enforcement of the FDCPA. The CFPB can assist you with general consumer complaints such as issues with a collection agency.
- File a lawsuit. Taking this formal step will get the courts involved. If you prove your case the courts will order the debt collector to stop the illegal activity. A court may also order the debt collector to pay you statutory damages, actual damages and court costs.
Conclusion
Collection agencies have a reputation for engaging in aggressive and abusive collection tactics. It’s even more troubling if they are ignoring communication from an attorney. At this point, you will likely have to escalate your efforts to get them to stop.
If you are dealing with a debt collection issue alone, consider discussing it with a consumer rights attorney. They can answer your questions and advise you on your best options moving forward.
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