Shoals Insider’s Ask The Attorney: Dealing with collection agencies?

Ask the Attorney Columnist James Irby

Dealing with Collection Agencies?

It happens. Sometimes folks end up dealing with these companies because of an oversight and sometimes because they’ve fallen behind. Either way, you don’t have to put up with anybody infringing on your rights.

If you’re dealing with debt collectors or overwhelming debt give James Irby P.C. a call. We can help.

But, the first thing you can do to protect yourself is know your rights. Your rights in these instances are governed by the Fair Debt Collection Practice Act. This Act gives great power to the consumer to protect themselves from predatory debt collection practices. You can receive money damages every time a debt collector violates the law.

Debt collectors are limited in what they can and can’t do and how they can go about what they can do.

Here’s a short list of things they just can’t do;

  1. Communicate with a third party—that is to say they can’t reach out to anybody else about your debt, especially if you have written them a letter requesting that they not contact you. There are some exceptions though so if you have questions contact James Irby P.C.,
  2. Time and place—debt collectors can’t call at an unusual or inconvenient time, very late at night or while you are sleeping after a shift. They also can’t usually give you a call at work and they certainly can’t contact you if they know James Irby P.C. represents you,
  3. Lie to you—they are not the police. They can’t lie. If they claim to be police or a person of some authority, then they have probably violated your rights. They also can’t threaten you or use any nasty tactics, including using a false business name to get ahold of you, and
  4. Nothing unfair—Debt collectors can’t add fees or interest. They also can’t deposit check that are postdated prior to the given date. They also can’t do silly things like communicate via postcard or put words or symbols on the envelope that indicates its intended to collect a debt.


Don’t let a debt collector push you around during a hard time! Also, don’t let that debt pile up. There is help! Let us help you get your life back together.

If you think that your rights have been violated by an unscrupulous debt collector give us a call at (256)766-7778. We want to help you fight back.



No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Comments are closed.