The best way to catch a debt collector breaking the law is in communication to a debtor. Keep any letters you receive. The first letter or “dunning letter” from a debt collector is where the most violations occur in writing. Any calls you receive or make should be taped. Check your state laws as to whether you have to notify the debt collector you are taping the calls. That includes not only the state where you reside but also the state where the debt collector receives your call. Debt collectors usually can’t help themselves and will break the law even if you tell them you are taping the lawsuit. Another common violation is when you send the collection company a letter telling them either to validate the debt or just end all contact. If they contact you before validating the debt or after being told to cease and desist, this is a violation of the FDCPA.
If a debt collector is suing you, it is not as bad as you think. Rarely does a debt collector have the proper paperwork or chain of title from creditor to eventual owner of debt, when suing a debt. You may owe the debt, but the odds are you don’t owe the debt to a collector or debt buyer that does not have the proper chain of title. Debt collectors take this chance because the odds favor them in getting a default in the lawsuit because 90% of debtors ignore the lawsuit. Call us and we will defend you and sue them for money damages for bringing a lawsuit without proof. Also, always check that the debt collector has sued you in the right district. Suing you in the wrong district is also a violation of the FDCPA.