Your Legal Questions Answered.
Answering Your Questions. Protecting Your Legal Rights.
If you or a loved one has been involved in an accident, you probably have many questions. Below are the answers to many questions faced by accident victims in South Carolina. If you do not see the answer to your question, just call our office or email Shelly directly - [email protected].
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Can a debt collector call me at any time of the day?
Debt collectors are not permitted to call you at any time that would be inconvenient for you; for example, they cannot call you before 8:00 am or after 9:00 pm unless you tell them that it would be alright to call during these times. Moreover, if you tell them not to do so, debt collectors are not allowed to call you while you are at work.
If a debt collector has violated any of the above regulations, contact the Shelly Leeke Law Firm today for a FREE consultation at 843-277-6061!
How do I stop a debt collector from calling me?
When a debt collector initially contacts you, you should speak with them, regardless of whether or not you think you have debt or can pay it back. After speaking with the collector, if you do not want them to call you back again, send them a letter telling them to end correspondance with you. You should keep a copy of the letter for yourself to keep in your records. When sending the letter, buy a return receipt for it so that you know if and when the letter was received. At this point, the collector will only be able to contact you either to inform you that they won't call again or to tell you that the creditor intends to file a lawsuit, which they are lawfully allowed to do in order to collect your debt. If the debt collector continues to harass you after they received the letter, then you have the right to file a lawsuit against them. Once you are being represented by an attorney, the debt collector must stop contacting you and can only speak with your attorney about the debt.
If you have been harassed by a debt collector and need legal advice, contact the Shelly Leeke Law Firm today at 843-277-6061.
Are debt collectors allowed to call other people about my debt?
Yes, the debt collector can call people who may know you, but they can only ask them about your address, phone number, and where you work; they are not permitted to talk about your debt or call the person multiple times. If you choose to have an attorney represent you about your debt, the collector is required to contact your attorney about the debt, rather than speak with you.
If you need an attorney to assist you with stopping debt collector harassment, contact the Shelly Leeke Law Firm today at 843-277-6061.
What can I do if I think that a debt collector did something that is against the law?
Within a year from the date of the violation, you can sue a collector in state or federal court. If you win your case, the collector can be required to compensate you for any costs of damages associated with their illegal collection practices, which can also include attorney's fees and court costs. If more than one person has been harassed by the collector, then they can form a group of people to file a class action lawsuit who can recover money for damages up to $500,000 (or 1% of the collector's net worth, whichever is less). It is important to remember that even though the debt collector violated the Fair Debt Collection Practices Act, you still will owe the debt.
If you need the help on attorney to stop debt collection harassment, contact the Shelly Leeke Law Firm today at 843-277-6061.
What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act was created in order to prevent debt collectors from practicing abusive collection of debts and to allow for consumers to dispute and obtain validation of debt information they that they can ensure accuracy of the collector's information. The Act lists guidelines that debt collectors must follow, as well as the rights of consumers in relation to debt collectors, and outlines the penalties prescribed for violations of the Act.
To view a full list of what is prohibited and required for debt collector conduct, click here.
Do you have more questions about debt collector harassment laws? Contact the Shelly Leeke Law Firm today at 843-277-6061 today!
What is a debt validation notice?
A debt validation notice should be sent to you by a debt collector within five days of speaking with you. The notice should contain a "mini Miranda" stating: "This is an attempt to collect a debt and if we do not hear from you within 30 days of this notice, we will assume the debt to be valid." It is important to act immediately once you receive this letter. Also, take note of whether or not the notice includes the amount of debt that you owe and the amount of time you have to contact them back. If it does not or you do not receive a letter, then the debt collector is in violation of the Fair Debt Collection Practices Act (FDCPA).
If you feel as though a debt collector has been harassing you and in violation of the FDCPA, contact a South Carolina debt collector abuse attorney today at 843-277-6061.