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Fighting False Debt (Part B)

How to Deal With Collection Agencies Seeking False Debt

If you are being harassed by debt collection agencies over a false debt, here are some steps you can take:

  • Identify the mistake. Within 30 days of the error, inform the collection agency that it has contacted the wrong person. If possible, make them aware of the correct identity of the debtor. Repeat this process with the lender, retailer or any other party that engaged the services of the collection agency.
  • Keep records. Every time you are notified by mail, Email or phone, record the date and time of contact along with the agency's name (including the name of the person who spoke with or wrote to you, if possible) and keep every correspondence that is sent to you. Any responses you convey to the collection agency should also be copied for your records and then sent by registered mail so that a record of the receipt is generated.
  • Demand proof. Request that the collection agency provide you with proof of the original debt. This may help them realize that they are trying to collect a false debt. If the proof of debt cannot be produced, the agency must stop pursuit of the claim.
  • Tell them to leave you alone. In writing, order the debt collection agency to stop hounding you, your employer and your family members with harassing phone calls, Emails or letters. The Fair Debt Collection Practices Act states that agencies must comply with such a request.
  • Monitor your credit report. Look for discrepancies, especially those related to any false debt issues. If you find any, it may mean that the debt collection agency has not removed records of false debt from your report. In this case, you may be entitled to relief under the law.
  • Consider legal action. If the collection agency does not stop bothering you even after you instructed them to, you may wish to engage the services of a Massachusetts class action attorney and sue the agency for illegal debt collection.

Sometimes, all it takes for the harassment to stop is a letter from your lawyer. But if the persecution continues, the debt collection agency will be required by law to conduct all of its subsequent correspondence with your attorney instead of making contact with you directly.

A qualified Massachusetts class action attorney can look at the details of your case and determine if your false debt claims should be settled independently or if they have the makings of a class action lawsuit.

Contacting a Massachusetts Class Action Attorney for False Debt

You may think that a class action lawsuit does not apply to your case of false debt. In fact, every class action lawsuit begins with the litigation of a single person or company. Chances are if a particular debt collection agency is going after you over false debt claims, it's possible they're doing the same thing to dozens, hundreds, or even thousands of other victims.

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your false debt case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been harassed by collection agencies over a false debt claim, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.




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