Minnesota Unfair Debt Collection - Bolinske Law
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Minnesota Unfair Debt Collection

If you are being harassed by creditors, the Fair Debt Collection Practices Act (FDCPA) provides you a way to fight back.

You may not realize it but debt collectors need to follow a lot of rules in order to collect debt. If they violate those rules you could be entitled to receive compensation for those unfair debt collection violations.

Many creditors employ illegal practices in their attempt to collect debts. Despite laws that protect consumers from unfair and illegal calls creditors know that their chance of being caught is low.

Only if you know what is and what is not allowed can you turn the table on unscrupulous creditors. If a creditor is harassing you in ways that are similar to what is listed below please call our office right away.

In many cases we can sue the creditor and make them pay at no cost to you.

Violations of the Fair Debt Collection Practices Act include:

  • Calling at work if the debt collector has reason to know the consumer cannot take calls while working.  Usually it is enough if you have asked the collector to not call you at work.
  • Placing calls to any third party (family, friends, neighbors and coworkers).  This includes leaving a message on an answering machine or voicemail that others can hear or listen to.
  • Contacting you by phone or mail after you have notified the collector that you are represented by an attorney.  You must provide contact information to my office: Bolinske Law, 5871 Cedar Lake Road S, Suite 202, St. Louis Park, MN 55416.  Telephone: 952.294.0144
  • Contacting you after you have filed for bankruptcy.
  • Making false, deceptive or misleading statements in collection of a debt.  Examples include:  “You are going to Jail.”  “You are going to lose your job.” “The IRS will audit you.”
  • Threatening to sue you when they do not intend to do so.  Collection agencies who are not law firms threaten suit or garnishment.  Also, threats of legal action after a bankruptcy has been filed.
  • Use of obscene, profane, abusive or threatening language.
  • Misrepresenting the amount of debt or the status of the debt.
  • Misrepresenting that the debt collector is an attorney or works at a law firm.
  • Reporting false information on credit reports or threatening to report a debt with no intent to do so.
  • Telling you that you have committed a crime or will be arrested for failing to pay a debt.
  • Contacting you before 8:00 am or 9:00 pm.
  • Calling excessively or at a time that is known to be inconvenient.  This is a case by case analysis.
  • Failing to disclose at the beginning of every communication that “This is an attempt to collect a debt and the call is from a debt collector.”
  • Failing to fully identify themselves and failing to provide contact details if you ask.

*Please save all letters, recordings or conversations, and voice messages from debt collectors. We will review any letter for violations which are usually not apparent. Recordings and letters are powerful evidence in bringing FDCPA cases.

If you are experiencing debt collection problems similar to any of the above please call our office.

We can sue the creditor at no cost to you and potentially recover damages for you.

If any of the above things have happened to you, or you are just tired of being harassed by creditors you need to give our office a call at 952-294-0144 or through our Contact page.