The National Association of Consumer Advocates has created a series of videos providing information to consumers who are being sued on a debt. You can access those videos here:
https://www.consumeradvocates.org/for-consumers/debt-collection
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If you are being contacted by a debt collector in violation of the Fair Debt Collection Practices Act (FDCPA), you may want to consider writing a Cease and Desist Letter to the debt collector.
Prevent Loan Scams.Org has an article on how to write a cease and desist letter to a debt collector and provides an example letter. For more information on cease and desist letters and when you can send them, as well as an example letter, please visit: https://www.preventloanscams.org/cease-and-desist-debt-collector-letter-template/.
Additionally, if you are being contacted by a debt collector and you believe your identity has been mistaken and you are not the correct person to seek the debt from, you can send a cease and desist letter. An example cease and desist letter in this situation can be found at Debt.com, under Sample Letter 2: Debt.com Cease and Desist Letters - Two Examples.
Tip: You want to make sure that if you are contesting the debt being collected against you, that you do not admit that the debt is valid in your cease and desist letter. This letter does not contest the debt itself but merely asserts your rights as a consumer against unlawful collection practices or communications.
[These resources are intended to give general legal advice only.]
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Claim of Exemption from Levy Form blank template for use in the State of Idaho where someone has sued you and intends to levy your property
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The National Consumer Law Center (NCLC) has created Consumer Advice for Dealing with Debt Collectors. Their webpage covers the following information:
This webpage also includes example Cease and Desist or Stop Contact Letters, Exempt Income Letters, Dispute Letter, and Verification Letter to debt collectors.
Visit the links above or go to https://library.nclc.org/consumer-advice-dealing-debt-collectors%E2%80%94including-new-federal-rules for more information.
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The National Consumer Law Center has created guides addressing your credit card and debit card protections and legal rights. For more information, please view the attached factsheets.
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Are you being illegally harassed? If you are having problems with debt collectors, watch this video to learn about your rights under the Fair Debt Collection Practices Act and state laws.
Video courtesy of National Association of Consumer Advocates
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Wondering how to respond to a debt collector?
The Consumer Financial Protection Bureau created the following sample letters to help if you:
For more information, please visit The Consumer Financial Protection Bureau's website here: https://www.consumerfinance.gov/consumer-tools/debt-collection/.
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View the videos on the pages above to learn more on a particular topic.
If you’re behind in paying your bills or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the FDCPA.
What types of debts are covered?
The FDCPA covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt and you don’t want the collector to contact you again, tell the collector—in writing—to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail and pay for a “return receipt” so you’ll be able to document what the collector received. Sending this letter to a debt collector does not get rid of the debt (if it’s actually owed) but it should stop the contact. Once the collector receives your letter, he/she may not contact you again, with two exceptions: a collector can contact you to tell you that there will be no further contact or to let you know that he/she or the creditor intends to take a specific action, like filing a lawsuit.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people—but only to find out your home address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after first contacting you. This notice also must include the name of the creditor to whom you owe the money and how to proceed if you don’t think you owe the money.
Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if he/she sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment: Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not do the following:
False statements: Debt collectors may not lie when they are trying to collect a debt. For example, they may not do the following:
Debt collectors also are prohibited from saying that the following:
Debt collectors may not do the following:
Unfair practices: Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not do the following:
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they go to court and win, the court will enter a judgment against you. The judgment states the amount of money you owe and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment (meaning they cannot be taken by the debt collector). The federal benefits that are protected include the following:
Please note that federal benefits may be garnished under certain circumstances, including paying delinquent taxes, alimony, child support, or student loans.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (link is external) and the Federal Trade Commission (link is external) and the Consumer Financial Protection Bureau (link is external). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
What should I do if a debt collector sues me?
You should respond. Get a lawyer and go to court. If you do not go to court, a judgment is likely to be made against you.
If you are being sued: If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through a lawyer, by the date specified in the court papers to preserve your rights.
If your rights were not upheld and you want to sue a debt collector: You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs.
A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower.
Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
Courtesy of National Association of Consumer Advocates
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If you want to learn how to represent yourself, hear about common defenses against debt collectors, and gain knowledge of possible outcomes to your trial, then watch this video.
Video courtesy of National Association of Consumer Advocates
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The Federal Trade Commission, the government body that enforces the Fair Debt Collection Practices Act (FDCPA), has compiled a list of Frequently Asked Questions (FAQs) regarding Debt Collection. Some of the questions answered include:
For answers to these questions and more information, please visit the FTC's FAQs about Debt Collection: https://www.consumer.ftc.gov/articles/debt-collection-faqs.
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Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods. If the creditor does not collect on or renew the judgment within the five year period, they cannot force the debtor to pay...
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The Suffolk Lit Lab has developed a form to help people on SSI or SSDI create a letter to report changes to Social Security that might affect their benefits and to avoid any possible overpayments. For more information, visit their website here: https://apps.suffolklitlab.org/run/ssareportchangesletter/#/1
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If you lost your debt defense case (or did not know it even occurred) and your wages or bank account is being garnished, learn what you can do.
Video courtesy of National Association of Consumer Advocates
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If you are having problems with debt collectors, watch this video to learn about your rights! Hear about your rights under the Fair Debt Collection Practices Act and state laws. Find out what you should do if you are being illegally harassed.
Video courtesy of National Association of Consumer Advocates
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If you need help with an SSI or SSDI overpayment issue, you can complete a form asking Social Security to waive repayment or lower the rate of repayment of the overpayment. For more information and a self-guided tool, please visit the Suffolk Lit Lab's website here:
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This guide goes through the general process of a civil lawsuit in Idaho.
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If you lost your debt defense case (or did not know it even occurred) and your wages or bank account is being garnished, watch this video to learn what you can do. Learn about one of your key defenses. Determine if you were served papers properly.
Video courtesy of National Association of Consumer Advocates
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Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
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