© 2019 by Pollack & Rosen P.A.

Consumer Rights

We are a law firm whose practice includes the collection of various forms of debt owed to our clients. Our goal is to provide the highest level of service to our clients consistent with a strict observance of the rights of consumers under federal and state law. Our employees are trained to interact with you, the consumer, in a courteous and respectful fashion. For your benefit, we have provided a summary overview of your rights when dealing with our Firm. This is not a full list, but only a generalized summary. For a detailed explanation of your rights, including the right to file a complaint if you believe that we have violated any of your rights or acted improperly in any manner, including failing to show you the respect and courtesy you deserve, we have created a link to an independent site where you can file your complaint anonymously or with full information. We receive a report from this agency and promise to investigate your issue without delay. If we determine that your complaint is valid, we WILL take immediate action to address it. We have also provided links to various sources of information about the debt collection process and your rights in that process.

 

DO NOT RELY ON THIS SUMMARY AS A COMPLETE STATEMENT OF YOUR POTENTIAL RIGHTS.

 

The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

 

What types of debts are covered?

The Act covers personal debts, not business debts. Personal debts include items such as family and household debts, unpaid balances on credit cards, auto loans, finance agreements, medical bills and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

 

Can we contact you any time or any place?

No. Unless you agree to be contacted at a different time or number, we will try not contact you at an inconvenient time or place, such as before 8 in the morning or after 9 at night. If you notify us not to do so, we will not contact you at work.

 

 

We can contact you by phone, letter, email or text message, as long as we notify you that it is in connection with a debt, we are debt collectors and we follow the rules regulating the collection of debt..

 

Can you stop us from contacting you?

Yes. If we contact you about a debt and you decide that you do not want us to contact you again, you can send us written instructions to not contact you again. Your notice MUST be in writing, not over the telephone. We may still contact you to tell you that we won’t contact you again. We can also contact you again to tell you about a further action we are taking, like filing a lawsuit for the collection of the debt.

 

Sending us written instructions to stop contacting you does not remove or dispose of the debt. You can still be sued to collect the debt.

 

Even if you don’t want us to contact you, or don’t believe that you owe the debt, we recommend that you at talk to us to see if the matter can be resolved. After you talk to us, then if you want us to stop contacting you, send us the written instructions.

 

Can we contact anyone else about my debt?

Maybe. If you have an attorney representing you in connection with the debt, please notify us or have your attorney notify us. We will only contact the attorney after receiving that notification. If you do not have an attorney, we may contact other people – to find out your address, your home phone number, and where you work. Generally, we will not discuss your debt with anyone other than you, your spouse with your permission, or your attorney. What do we have to tell you about the debt? Within five days after we first contact you, we are required to send you a written “validation notice” telling you how much money you owe. This notice must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

What practices are prohibited for us as debt collectors?

We will not harass or abuse you by a threat of violence or harm; publish a list of names of people who refuse to pay their debts (but we can give this information to the credit reporting companies); use obscene or profane language; or repeatedly use the phone to harass you.

 

We will not lie to you or make false statements that we are a government representative or anyone other than who we really are; that you have committed a crime; are a credit reporting company; misrepresent the amount you owe; or, any false statements about any papers we may send you.

 

We will not give false credit information about you to anyone or send you anything that looks like an official document from a court or government agency if it isn’t.

 

We will not engage in any practice that is prohibited under federal, state or local law, rules or regulations.

 
Can you control how your payments are applied?

It depends. If we are attempting to collect more than one debt from you, we will apply any voluntary payment you make to the debt you select. Involuntary payments, such as through garnishment, may be applied according to the creditor’s terms.

 
Can we garnish your bank account or wages?

If you don’t pay a debt, a creditor (or we, as debt collectors acting for the creditor) can generally sue you to collect. If we win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor (or us on the creditor’s behalf) to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.

 

Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

 

If we do obtain a garnishment order for your wages or bank account, there are certain funds and amounts that may be exempt from the garnishment. We will include a list of the types of funds that are exempt and give you instructions on how to file a Claim for Exemption. Wages above a certain amount that you earn can be garnished.

 

Can federal benefits be garnished?

Many federal benefits are exempt from garnishment, including:
 

  •  Social Security Benefits

  • Supplemental Security Income (SSI) Benefits

  • Veterans’ Benefits

  • Civil Service and Federal Retirement and Disability Benefits

  • Military Annuities and Survivors’ Benefits

  • Federal Emergency Management Agency Federal Disaster Assistance


Federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

 

What should you do if you are sued by us?

If we file a lawsuit against you to collect the debt, you must respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

 

Where can you file a complaint if you believe we have violated your rights?

Pollack & Rosen has created a separate and independent website (portal) for you to file a complaint. You can file anonymously or by providing your information at this secure site. No one at Pollack & Rosen can see if you have filed a complaint, or the contents of that complaint. If you wish to do so, you can also contact Pollack & Rosen directly by the secure email link we have provided. Using the Pollack & Rosen direct link is purely voluntary by you. In the alternative, you have the right to Report any problems you have with a debt collector to your state Attorney General’s office, the Federal Trade Commission, and the Consumer Financial Protection Bureau. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

 

For More Information Fair Debt Collection Practices Act

http://www.consumer.ftc.gov

 

Fair Debt Collection Practices Act

http://www.consumerfinance.gov/