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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17487
Experience:  B.A.; M.B.A.; J.D.
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Hi Im trying to settle credit card debts. I sent letters

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Hi I'm trying to settle credit card debts. I sent letters with the following text and one creditor keeps calling my cell phone. What recourse do I have?

"I respectfully XXXXX XXXXX any communication to me by #### XXXXX Cards, or their agents, be either by telephone at (My home phone), or via US Mail ONLY. Please do not attempt to contact me in any other manner pursuant to USC Title15, Chapter 41, Subchapter V, § 1692.
The Fair Debt Collection Practices Act also prohibits you from contacting any third parties, including, but is not limited to, my employer, family members, neighbors and the like, as this could be inconvenient and embarrassing for me."
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



Hi I'm trying to settle credit card debts. I sent letters with the following text and one creditor keeps calling my cell phone. What recourse do I have?


Response: Your only recourse here would be to file lawsuit against the collector for violation of Fair Debt Collection Practices Act. Otherwise, you can just ignore the phone calls. Because this is a violation of federal and also a violation of your state’s unfair and deceptive act and practice, you can file the lawsuit at your state Court.

You may consider using the services of a local consumer Attorney to assist you. Most consumer Attorneys would not charge upfront fee to file the lawsuit for you. This means that the Attorney would only get paid if he/she wins the case for you. Even then, the Court awards Attorney’s fee to the prevailing consumer.

You can use the following sites to find local consumer Attorneys:

http://www.naca.net

http://www.lawyers.com

http://www.justia.com

Customer: replied 3 years ago.

Thank you. I thought so. Is it prudent to let them know that I know they broke the law. I am near the end of negotiations of the settlement.


 


Do people actually win these cases?

Thank you. I thought so. Is it prudent to let them know that I know they broke the law. I am near the end of negotiations of the settlement.

Response 1: You can to force them to settle.

Do people actually win these cases?

Response 2: Yes, they do. Most often you can get the collector to forgo coming after the debtor for the debt in exchange for dropping the lawsuit against the collector for violation of FDCPA.

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