These questions and answers frequently come up when trying to understand your rights under the Fair Debt Collection Practices Act, especially when it comes to abusive and harassing debt collectors. If you have any questions visit us at http://www.mincal.com or call us for a free and confidential consultation at 888-678-5550.

1. We Stop Abusive and Harassing Debt Collectors
DISCLAIMER
These questions and answers DO NOT constitute legal advice and does not create an attorney/client
relationship between you and MinCal Consumer Law Group. They are intended to provide you with
general information to improve your consumer literacy and give a broad understanding of typical
situations. You should note that consumer protection laws may differ in each state. Laws frequently
change through legislative amendments, developing case law, and federal/state regulations. Your legal
rights and remedies will depend on your particular circumstances, documents, and evidence. If you
have any questions about your rights visit http://www.mincal.com or call us toll free at 888-678-5550
for a free consultation.
Questions and Answers about Debt Collection
Q: A debt collector is calling me at all times of day and night. Can
they do that?
A: NO. A debt collector may not call you at unreasonable hours or cause your
telephone to ring repeatedly or continuously. Download our collection log at
http://www.mincal.com/images/debt_log.pdf and keep track of all the phone
calls you receive. You are encouraged to consult with an attorney to find out
more about your rights as a consumer. You can always call us for a free
consultation.
Q: Can debt collectors threaten me with criminal charges like saying
they will report me to the police and I will be arrested or can they
threaten to take my kids away if I don’t pay?
A: NO. Federal law (FDCPA) was enacted to protect consumers against this sort
of abuse. In addition, California statutes provide additional protection to
consumers against debt collection abuses. Debt collectors have to be truthful
with you, and cannot misrepresent anything to you in order to succeed in their
collection efforts. We suggest you download our free collection log at
http://www.mincal.com/images/debt_log.pdf and keep track of all the calls and
statements made to you.
© 2010 MinCal Consumer Law Group
Minnesota & California
888-678-5550
www.mincal.com

2. We Stop Abusive and Harassing Debt Collectors
Q: Can debt collectors call my house?
A: Yes, only within reason and certain hours, and as long as you are not
inconvenienced by it. They cannot continue to call, if you have informed them
that their calls are causing inconvenience to you. When they do call your house,
with a few exceptions, they may only talk to you or your spouse about your debt.
It is very important that you SAVE all your communications with debt collectors,
whether they are a written document, or voice mail left on your phone. We
suggest you download our free collection log at
http://www.mincal.com/images/debt_log.pdf and keep track of every phone call
you receive.
Q: Can debt collectors call my employer (boss) at work?
A: Debt collectors can call your employer only under very limited circumstances,
i.e. to verify employment and current location. A debt collector cannot discuss
your consumer debt with anyone, but you or your spouse. If the debt collector is
calling you at work, you need to inform the debt collector that it is inconvenient
for them to call you at work. If your employer has a policy against receiving
personal calls, you can let the debt collector know about that. It is best that you
follow up any verbal objection to the debt collector calling you at work, with a
written letter informing them of the same. Keep a copy of the letter, and if
possible use certified mail service and save the receipt. If the debt collector
continues to call you after your objections, then they may have violated your
rights and you can sue them. We suggest you download our free collection log at
http://www.mincal.com/images/debt_log.pdf and keep track of all the calls and
statements made, and contact an attorney to determine whether you may have a
case. You can always call our office for a free consultation.
© 2010 MinCal Consumer Law Group
Minnesota & California
888-678-5550
www.mincal.com

3. We Stop Abusive and Harassing Debt Collectors
Q: Can the caller (debt collector) lie to me?
A: A debt collector has to be truthful with you and cannot misrepresent facts to
collect a debt. The debt collector may not falsely represent himself or herself as a
lawyer, or as a governmental agent, or make the false representation that he or
she is a consumer reporting agency, or make other fraudulent statements. We
suggest you download our free collection log and keep track of all the calls and
statements made to you at http://www.mincal.com/images/debt_log.pdf.
Q: Is a debt collector required to send me anything in writing?
A: After the initial contact by a debt collector to collect an alleged debt, the debt
collector is obligated to send you a written notice within 5 days to notify you of
your rights, if the initial written contact fails to state those rights. In some states,
such as California, this requirement also applies to original creditors. Many debt
collectors fail to send this notice, but if you do receive one, make sure you give
your consumer attorney a call to see if the letter violates any of your rights. Keep
every letter, including envelopes you receive from debt collectors. Any notices
from them must comply with federal and state laws. Feel free to give our lawyers
a call at 888-678-5550 to discuss your rights and whether they were violated.
Q: What should I do if I’m sued?
A: Do not ignore this. You should seek immediate legal advice. Many debtors,
including you, may have defenses to these lawsuits and many creditors assume,
and count on the fact that consumers may ignore the lawsuit and loose by
default. You should get immediate legal representation to fight for you, as you
may not owe the amount you are being sued for.
© 2010 MinCal Consumer Law Group
Minnesota & California
888-678-5550
www.mincal.com

4. We Stop Abusive and Harassing Debt Collectors
Q: What if more than one company is trying to collect the same debt?
A: Sometimes, “uncollectable” or “old debts” are bought and sold multiple times
by various entities. If a debt collector demands payment from you, make sure
they either own the debt or are representing the creditor you may owe the debt
to.
Q: I don’t think I can afford a lawyer to help me stop the abuse –
what should I do?
A: MinCal Consumer Law Group will not charge anything to represent you,
including filing fees. We recover our legal fees and costs from the abusive and
harassing debt collectors themselves. We encourage you to give us a call for a
free confidential legal consultation and end the abuse and harassment today.
MinCal Consumer Law Group is a national law firm with
offices in California and Minnesota. MinCal is focused on
protecting consumers’ rights against abusive and harassing
debt collectors under the Fair Debt Collection Practices Act
(FDCPA) and respective state consumer protection laws. We
help consumers throughout the entire states of California and
Minnesota.
MinCal has a passion for helping consumers solve their
problems. If you are being abused or harassed by debt
collectors, we recommend visiting our main website at
http://www.mincal.com and calling us at 888-678-5550 for a
free consultation. We look forward to helping you.
© 2010 MinCal Consumer Law Group
Minnesota & California
888-678-5550
www.mincal.com