Wrong Party Collections

Debt collectors sometimes make mistakes. They contact people who don’t owe the money.  Not that no one owes the money, but the person they are contacting does not owe the money.  They are just simply calling the wrong person.

The Fair Debt Collection Practices Act has some things to say about this.  First- tell the collector that you are not the person they are looking for. Give them the information so they can see it is true.  Make them give you the last 4 digits of the person’s social security number, then give them the last 4 of yours.  Why do you wait for them to give you the last 4? That ensures that they do not go about changing the system first.  The last thing you need is them to make it look like you, as an “update”.  You should be tracking the calls on your call log.

Once they know it is not yours, they should not be calling back. You can double check this, by sending the collector a letter, by certified mail, return receipt requested, in which they are instructed to cease communications with you.  This letter is commonly called (incorrectly) a “cease and desist letter.”  Right thought, wrong words.  A sample letter can be found here.  Make sure you track all the calls on your call log.

Once they are notified not to call you again, they are permitted no further contact.  If they do contact you, you should immediately contact a lawyer to assist you.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

 

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
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Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230