DEBT COLLECTIONS MISTAKES THAT CAN HELP YOU WIN
Last updated on January 14, 2023 / By
There are several mistakes that debt collectors may make that could potentially help you win a debt collection case. Here are a few examples:
1. Failing to prove that you owe the debt: Debt collectors must have evidence that you owe the debt. This may include a copy of the original contract or agreement, a statement showing the amount of the debt, and proof that they are the current owner of the debt.
2. Violating the Fair Debt Collection Practices Act (FDCPA): The FDCPA is a federal law that regulates the behavior of debt collectors. If a debt collector violates any provisions of the FDCPA, you may be able to use this as a defense in court.
Examples of FDCPA violations include using abusive or threatening language, calling outside of the allowed hours (generally between 8 a.m. and 9 p.m.), and failing to provide you with written notice of the debt within five days of contacting you.
3. Failing to provide you with the opportunity to dispute the debt: Under the FDCPA, debt collectors must give you the opportunity to dispute the debt in writing within 30 days of their initial contact with you. If they fail to do so, you may be able to use this as a defense.
4. Attempting to collect a debt that is outside the statute of limitations: Each state has a statute of limitations for collecting debts, which is the time period during which a creditor can sue you for the debt. If the creditor attempts to collect a debt that is outside the statute of limitations, you may be able to use this as a defense.
5. Failing to properly serve you with a lawsuit: If a creditor sues you for the debt, they must properly serve you with the lawsuit. This means delivering a copy of the lawsuit to you in a way that is legally acceptable in your state. If the creditor fails to properly serve you, you may be able to use this as a defense.