Hiring an attorney to handle a debt collection problem may bring some relief, especially if repeated calls or letters have become stressful. Under the Fair Debt Collection Practices Act, collectors generally cannot communicate directly with you about a particular debt if they know a lawyer represents you regarding that debt and know how to reach them.
What changes when a collector knows you have a lawyer?
The collection agency generally must contact your lawyer instead of contacting you about the amount it says you owe. The rule applies when the agency knows that a lawyer represents you for that debt and knows, or can readily find, your lawyer’s name and address. Providing your lawyer’s name and address can make that clear. If you provide that information in writing, keeping a copy or proof of delivery can create a record of when the agency received it.
When can a collector still communicate with you?
Legal representation does not completely prevent direct communication. The collection agency may communicate with you directly if your lawyer agrees or does not respond after the collector gives them a reasonable amount of time to do so.
If you start the conversation, the collector may also respond. However, that does not automatically end the protections you have because a lawyer represents you.
What if direct contact continues?
If direct contact continues, keeping detailed records can show when the calls or messages occurred and what was said. Helpful documentation may include:
- Call logs and voicemails
- Emails, text messages or letters
- Dates and times of conversations
- Proof that the collector received your lawyer’s contact information
Maryland consumers can file complaints about regulated collection agencies with the Maryland Office of Financial Regulation or the federal Consumer Financial Protection Bureau.
When continued contact raises questions
The circumstances can determine whether the collection agency had the right to communicate with you. If you are unsure whether the contact followed the law, a consumer rights attorney can review what the agency knew, when they learned about your representation and why they contacted you. That review can help you understand what options may be available if the contact appears improper.