Collectors and collection agencies are regulated by law. Whether you owe a debt or not, debt collection practices are governed by the Fair Debt Collection Practices Act. This federal law governs collections of consumer debt by collection agencies defined as "debt collectors" under the Fair Debt Collection Practices Act. The federal act does not govern the practices of the original credit card company, finance company or mortgage company. In many cases, these collectors are governed by state law. Unfortunately Oklahoma does not have a statute that specifically regulates debt collection agencies or debt collection by the actual credit card company or other original creditors. Oklahoma state common law of invasion of privacy, negligence or even trespass or fraud, may apply under the right circumstances.

No debt collector may use unfair collection practices, oppression or fraud in the collection of a debt. Typically, collection starts with a collection letter. If you don't owe the debt, you must respond in writing and TELL THEM you don't owe the debt, ask them for proof-something signed by you. Even if you owe some credit card debt, don't automatically assume that the debt collector is after the right person for a debt you actually owe. Ask IN WRITING for PROOF-something signed by you-to show that they are collecting on a debt you owe and that they have proof that they are collecting on an amount that you truly owe.

Many times old debt is bought and sold for pennies on the dollar, among companies such as CREDIGY SERVICES CORPORATION, CREDIGY RECEIVABLES, UNIFUND GROUP, ARROW FINANCIAL SERVICES, CCR PARTNERS, CALVERY PORTFOLIO RECOVERY SERVICES, PALISADES COLLECTIONS, NATIONAL CREDIT ADJUSTERS, LVNV FUNDING, RISK MANAGMENT ALTERNATIVES (RMA), ASSET ACCEPTANCE, NCO FINANCIAL, MANN BRACKEN, SHERMAN ACQUISITIONS/SHERMAN FINANCIAL GROUP/ALEGIS NCO GROUP, CURTIS O. BARNES, PORTFOLIO RECOVERY ASSOCIATES AND MIDLAND CREDIT. Often, the alleged debt is sold so many times that they have no idea who you really are, whether you owe the particular debt or how much is truly owed. Put the debt collector to his burden and make him prove that you owe the debt. In your letter to the debt collector be polite, fair and to the point. It is your job to let them know that you want proof and to confirm you asked them. Send your letter by certified mail to every address on the collection letter and keep a copy of the letter and the signed green card.

Keep a notepad by the phone and make a record of the date and time of every phone call. Write down the name used by the collector and what the debt collector said to you.

If the collection agency continues to harass you for a debt you dont owe, feel free to give us a call for a consultation regarding your rights. Sadly, many debt collectors don't listen and don't care-they only stop if they get sued. Don't delay, federal law requires you to file suit within one year of the violation of the Fair Debt Collection Practices Act and state laws vary, but most Oklahoma state law claims for debt collection harassment or abuse should be filed in two years.