You have a past due account with Capital One credit card. They call you at 7:30am to inquire about the debt. Did they violate the Fair Debt Collection Practices Act?
Yes! It’s before 8am in my time zone
No, they are the original creditor; not a collection agency.
Original creditors are not covered under the Fair Debt Collection Practices Act; so although a super early wake-up call from Capital One may be irritating, it is not a violation of the FDCPA.
I got a letter from an attorney’s office, what should I do?!
Call them and pay right away.
Read over the letter to spot potential violations
Send a validation letter
Throw it away.
Attorneys are still debt collectors. Can they sue? Sure. As long as they can prove the debt is yours.
You’ll treat them with the same intensity as any other dunning letter you receive; make sure to keep stellar records and record any conversations even moreso.
Which one is an FDCPA violation?
You get a call from your county’s Transportation Office regarding unpaid parking tickets. They state that if you don’t pay, they will take your state tax returns.
You get a call from Asset Management Collection Agency who says that they will garnish your wages if you don’t pay them today!
Government debts being collected upon by a government employee are not bound by the FDCPA; and real talk: They CAN and WILL take your taxes!
A collection agency MUST sue you and win in order to garnish wages, take money from your bank accounts, etc. If they haven’t won a court judgment, they can’t take your money!