misfitadmin, Author at Consumer Law Office of Emily Gomez, LLC

Fight Back Against Debt Collector Harassment in Pennsylvania

Posted on June 9, 2025June 9, 2025 by misfitadmin

Are You Being Harassed by Debt Collectors?

Do the phone calls never stop?
Are you getting threatening messages?
Has a collector contacted your family, employer, or sent repeated letters, emails, or texts?

If any of this sounds familiar, you may be experiencing illegal debt collection practices—and you don’t have to put up with it. At The Law Office of Emily Gomez, LLC, we help Pennsylvania consumers stop the harassment and hold debt collectors accountable.

What Is Debt Collector Harassment?

Debt collector harassment occurs when collection agencies or creditors use abusive, threatening, or deceptive tactics to pressure you into paying. This may include:

Threats of arrest, lawsuits, or wage garnishment (even when untrue)
Calling before 8 AM or after 9 PM
Contacting your employer after being told not to
Refusing to validate a debt upon request
Using profanity or other derogatory language in communications
Reporting false information on your credit reports

These actions are against federal and state law—and you may be entitled to compensation.

The Laws That Protect You

Two key laws give you the power to fight back:

🔹 Fair Debt Collection Practices Act (FDCPA)

A federal law that limits what third-party collectors can do when collecting consumer debt.

🔹 Fair Credit Extension Uniformity Act (FCEUA)

A Pennsylvania law that extends similar protections against original creditors, in addition to debt collectors.

Both laws require collectors to:

Be honest about the debt
Provide accurate information in all communications with you
Treat you respectfully

If they don’t, you may be able to sue them and recover statutory damages, actual damages, and attorney’s fees.

You Have the Right to Respect and Fairness

It doesn’t matter whether the debt is valid or disputed—you have the right to be treated professionally and lawfully. If a collector is:

Threatening arrest or legal action without grounds
Contacting you at work after being told not to
Falsely inflating the amount you owe
Refusing to show proof that they legally own the debt…

…you may have a strong case for legal action.

How to Stop Debt Collector Harassment Today

📞 Call the Law Office of Emily Gomez at (412) 378-5854

We offer free consultations for clients dealing with debt harassment across Pittsburgh, Western Pennsylvania, and Central Pennsylvania.

✅ Save voicemails, letters, emails, and texts—this is valuable evidence.
✅ The sooner you act, the faster we can stop the calls and take legal action.

Under the FDCPA, if your rights have been violated, the debt collector—not you—may have to pay the legal fees.

Frequently Asked Questions (Debt Collector Harassment)

What qualifies as debt collector harassment?

Harassment includes repeated or threatening calls, false statements about the debt, contacting third parties, or using abusive language. These actions violate the FDCPA and FCEUA.

Can I sue a debt collector for harassment?

Yes. If a collector breaks the law, you can sue in federal or state court. You may recover up to $1,000 in statutory damages, plus any emotional or financial harm caused.

What kind of evidence should I keep?

Save voicemails, emails, texts, letters, and note the date/time of phone calls. This evidence is crucial in proving harassment and can significantly help your case.

Do I have to pay the debt if I sue the collector?

Suing a collector doesn’t erase the debt itself. However, it can stop illegal collection practices and in some cases lead to a settlement or dismissal of the debt.

How much does it cost to hire a debt harassment lawyer?

In many cases, if your rights have been violated, the debt collector pays your legal fees. We offer free consultations to determine if you have a case.

How to Stop Debt Collector Harassment: 7 Powerful Legal Steps That Actually Work

Posted on June 5, 2025June 5, 2025 by misfitadmin

Understanding Debt Collection Harassment

What Is Debt Collection Harassment?

Debt collection harassment occurs when a creditor or collection agency uses aggressive, deceptive, or abusive tactics to force a consumer to repay a debt. While collecting a legitimate debt is legal, harassing a debtor is not. Common forms of harassment include repeated phone calls, threatening language, contacting your employer or family, or calling at inappropriate hours. These practices are not only unethical—they’re illegal under federal law.

Common Tactics Used by Harassing Debt Collectors

Debt collectors may NOT:

Demand an incorrect amount of money
Keep collecting after you tell them in writing to stop
Call you before 8 AM or after 9 PM
Threaten arrest, or threaten legal action they can’t take
Use profane or abusive language
Contact third parties about your debt

These scare tactics are designed to wear you down emotionally and pressure you into paying—even if the debt is in dispute or not yours.

Know Your Legal Rights Under the FDCPA

Key Protections Offered by the Fair Debt Collection Practices Act (FDCPA)

The FDCPA is a federal law designed to protect consumers from unfair, deceptive, or abusive practices by third-party debt collectors. Under this law, you have the right to:

Request written verification of the debt
Demand that collectors stop contacting you
Be free from threats or misleading statements
File complaints or lawsuits for violations

These protections are powerful tools for defending yourself and regaining peace of mind.

Examples of Violations You Should Watch For

Sending letters asking for incorrect amounts of money
Disclosing your personal financial information to anyone except you
Multiple daily calls to your cell or workplace
Using fake legal threats or impersonating government officials
Contacting you after you’ve requested in writing that they stop
Refusing to verify the debt in writing

If any of these happen to you, it’s time to take serious action.

7 Steps to Stop Debt Collector Harassment

1. Request Verification of the Debt

When a collector first contacts you, you have 30 days to request written verification before the collector will assume the debt is valid. By requesting verification, the collector must pause collection efforts until they respond with supporting documents.

2. Send a Cease and Desist Letter

If you don’t want to be contacted again, send a formal cease and desist letter revoking your consent to be contacted. Under FDCPA, they must comply—except to inform you of a lawsuit or that they are ceasing efforts.

3. Keep a Record of All Communications

Document every phone call, letter, voicemail, or email. Keep a log with dates, times, and summaries of conversations. These records are crucial if you decide to report them or file a lawsuit. If the collector has contacted a neighbor, family member, or other third party, ask for a statement from that person and add the information to your communications log.

4. Report to the CFPB or Attorney General

You can report harassment to:

Consumer Financial Protection Bureau (CFPB)
Federal Trade Commission (FTC)
Your state’s Attorney General

These agencies can investigate and take action.

5. Dispute Errors on Your Credit Report

If the debt is invalid or already settled, it may wrongly affect your credit. File disputes with all three major credit bureaus (Equifax, Experian, and TransUnion) at www.annualcreditreport.com, or at their individual websites. If a credit bureau fails to properly investigate, you may have claims against them for violating the Fair Credit Reporting Act (FCRA).

6. Consult a Consumer Protection Lawyer

An experienced attorney, like Emily Gomez, can help you understand your rights, gather evidence, and file a lawsuit if needed. Most consumer law attorneys offer free consultations and may take your case without upfront fees.

7. Sue the Debt Collector (At No Cost to You)

You can sue a collector for violating the FDCPA, at no up-front cost to yourself. It’s possible to
recover:

Up to $1,000 in statutory damages
Actual damages for emotional distress, lost wages, or other harm
Attorney’s fees and court costs

When to Contact a Consumer Protection Attorney

Why Legal Help Makes a Difference

Handling harassment on your own can be overwhelming. A consumer protection lawyer knows how to stop illegal activity, protect your credit, and hold collectors accountable.

What The Law Office of Emily Gomez Can Do for You

Based in Pittsburgh, PA, The Law Office of Emily Gomez focuses on consumer protection cases. Whether you’re facing debt collection threats or need help fixing credit report errors, Emily Gomez can advocate for your rights and peace of mind.

Resources for Reporting Debt Collector Abuse

Agency How to File a Complaint
CFPB consumerfinance.gov/complaint
FTC reportfraud.ftc.gov
PA Attorney General attorneygeneral.gov/submit-a-complaint

FAQs About Debt Collector Harassment

Can debt collectors call me at work or at night?

No. They cannot call you before 8 AM or after 9 PM, and they must stop contacting you at work if you tell them not to.

Is it legal for a debt collector to contact my family?

Yes, but only to locate you. Even then, they cannot discuss your debt with anyone else.

Can a debt collector threaten to sue me?

Only if they truly intend to sue. False legal threats are a violation of the FDCPA.

What should I do if a debt isn’t mine?

Dispute it in writing immediately and request verification. You are not responsible for someone else’s debt.

Conclusion: You Don’t Have to Face Harassment Alone

Debt collector harassment can take a serious toll on your mental and financial health—but you’re not powerless. By knowing your rights, documenting interactions, and getting legal support, you can stop the harassment and take back control of your life.

If you’re in Pennsylvania and need help, contact The Law Office of Emily Gomez, LLC for a free consultation at (412) 378-5854. You don’t have to go through this alone.

What to do if you’re sue din a Credit Card Lawsuit in Pennsylvania?

Posted on May 20, 2025June 5, 2025 by misfitadmin

Who’s that knocking at the door? Why I am I being asked to sign for a letter?

You knew it was coming. For the past several months (or years), it’s been a struggle putting food on the table. Some months it just wasn’t possible to make ends meet without turning to credit cards. Kids need clothes, cars need repairs, and paychecks have been stretched thin. Maybe you lost a job, or had your hours cut back. Maybe you got unlucky and wound up needing to go to the doctor or dentist for something serious – and had nothing else to pay the bill with. While the credit cards closed the monthly gap for a while, you didn’t have the money to pay the credit cards.

So when the sheriff came knocking at your door with paperwork for you, or the mailman came by with a letter you had to sign for, you weren’t really surprised. You knew that you were going to get sued. Your only question is – what should you do now?

Hard Times

At the end of 2024, Americans collectively had approximately 1.21 trillion (yes – TRILLION) dollars’ worth of credit card debt(1). According to the consumer credit reporting agency TransUnion, the average amount of credit card debt per American is $6,455 as of February 2025(2). Keep in mind that’s an average – many people have a LOT more than that.

Given these uncertain and difficult economic times, it’s not surprising that people have had to turn to plastic to make ends meet. In a world where even Wal-Mart has to significantly raise prices due to uncertainty(3), regular people are feeling the pinch in their wallets.

I’ve Been Sued in a Credit Card Lawsuit. What Do I Do First?

The first thing to do when you’ve been sued is to read the paperwork you’ve received carefully. What court have you been sued in? In Pennsylvania, credit card lawsuits start at one of two places. The lawsuit will have been filed at either (a) the magisterial district court in the district your home is located, or (b) the Court of Common Pleas of your particular county. If you were sued in magisterial district court, you can search for your case at https://ujsportal.pacourts.us/CaseSearch. If you were sued at the Court of Common Pleas, go to Google and search for “prothonotary” and the name of your county. (If you were sued anywhere else, the Fair Debt Collection Practices Act (FDCPA) has been violated and you could sue the creditor and/or law firm that sued you. Contact a lawyer for this; he/she can represent you for free in FDCPA cases.)

Oftentimes, the first way you’ll learn about being sued is by receiving a ton of lawyer letters in the mail. Many are bankruptcy lawyers, but many also defend lawsuits for consumers. Save the letters; they could be useful to you later on, after you decide your best move.

Ok, I Know What Court I’ve Been Sued In. What Now?

The second thing to do is to figure out whether or not a hearing date been set, and how much time you have to respond to the lawsuit. In the paperwork you received, it will say if a hearing date has been set. Usually, hearing dates are set automatically in both the magisterial district courts and at the Courts of Common Pleas. Make a note of these, because you don’t want to get a judgment against you by default (this happens if you do nothing).

In the magisterial district courts, you must call and tell the court if you intend to defend the case ahead of the scheduled hearing. If you don’t and you just show up at the hearing, the hearing will be rescheduled to a new date to let the creditor send a lawyer. Even if you don’t think you have a defense, you are better off telling the court that you intend to defend. Telling the court you intend to defend, but need more time to find a lawyer, can also be a way to buy yourself more time. (You’re also much better off if you DO hire a lawyer!)

In the Court of Common Pleas, you must respond to the complaint within twenty (20) days of being served.

Alright, I Know the Hearing Date and How Much Time I Have. What Now?

The next thing to do is to figure out what kind of company sued you. Is it your original creditor? Or is it some company you never heard of? The answer to this question is going to decide the best strategy for you going forward. If you’ve been sued by your original creditor, your best bet is going to be to negotiate a settlement, enter into a payment plan, or possibly file for bankruptcy (if your overall debts are large enough to make it worthwhile). If you’ve been sued by a debt buyer – that is, a company your original creditor sold your debt to – you should defend the case and get the debt eliminated with a lawyer’s help.

The reason for these different strategies is because of the different amount of evidence an original creditor has compared to a debt buyer. Your original creditor will have the original credit card contract and all of your monthly statements. A debt buyer is unlikely to have these things, although it might have some. Additionally, a debt buyer has to prove that it bought YOUR SPECIFIC DEBT. They are unlikely to be able to do this, because debt buyers purchase thousands of debts at a time (for pennies on the dollar). There generally isn’t a piece of paper that shows your particular debt was included in the massive portfolio of people’s debts that was bought on a particular day.

Ok, I Think I Know The Best Strategy For Me. What Now? Do I Hire A Lawyer?

HIRE A LAWYER. A lawyer is going to be able to defend you in a hearing with debt buyers and, through effective legal arguments, likely get the debt eliminated. A lawyer is going to be able to use relationships he or she already has to negotiate a better settlement payoff or payment plan that you would be able to.

Can’t I Handle This Credit Card Lawsuit Myself? Do I Really Need A Lawyer?

You CAN handle a credit card lawsuit yourself, but it’s a terrible idea. If you show up at a legal hearing on your own, the lawyer on the other side is going to use you as a witness against yourself. Mr./Ms. Jones, did you take out a credit card with XYZ Bank? Where do you live? Isn’t that the address shown in this credit card statement? Did you receive this statement? Did you make these charges? Setting hearings aside, if you respond to paperwork on your own, you’re likely to admit to something that you shouldn’t.

If you hire and send a lawyer to the hearing, the creditor’s lawyer can’t use you to support its case. A lawyer isn’t going to accidentally have you admit something in paperwork that you shouldn’t. And with respect to negotiating settlements and payment plans, lawyers that defend credit card lawsuits regularly develop relationships with collection law firms. As a result, they can usually get you better outcomes than you could get on your own.

Can I Talk To You About My Case?

Yes. Please reach out. We offer free initial consultations and would be happy to speak with you.

References:

1 https://www.forbes.com/advisor/credit-cards/average-credit-card-debt/
2 https://www.transunion.com/content/dam/transunion/global/business/documents/fs2025/february-monthly-snapshot.pdf
3 https://www.usatoday.com/story/money/2025/05/15/walmart-higher-prices-tariffs/83643124007/

How to fix errors on your credit report (With or without a lawyer)

Posted on May 20, 2025June 5, 2025 by misfitadmin

What’s that on my credit report?

It’s a common scenario. You’re saving up for a big purchase, and keeping tabs on your credit score so you can get better terms when your score goes up. Perhaps you’ve paid to enroll in a credit monitoring service by one of the credit bureaus: Equifax, Experian, and Transunion. Maybe you created an account at www.creditkarma.com so you can check your credit regularly for free. Maybe you get your free official credit report every couple of months from www.annualcreditreport.com.

Then one day you check your credit report, and there’s an error on there. Maybe there’s a credit account of yours that is being reported late when it isn’t. Maybe there’s an account that you don’t recognize. Or maybe your credit has been pulled by some company when you didn’t apply for credit. All of these are credit report errors.

According to a 2024 study conducted by Consumer Reports1, about 44% of Americans may have errors on their credit reports. These credit report errors can be minor or serious, ranging from simple typos and address mistakes, to serious credit errors that affect a person’s score.

How did those errors get there?

Setting typos aside, there are four (4) main ways errors get into a credit report. One, you have a common name and your credit accounts have gotten mixed up with someone with a similar name. Two, a company that you have credit accounts with either sold your accounts to a new company or updated its data systems ,and your information got screwed up. Three, a company you have done business with got hacked and your personal financial information was used to open credit accounts. Fourth, a family member or friend who knows your personal financial information used it to open credit accounts. These last two categories constitute identity theft.

What can I do about the credit report errors on my own?

If you think that your identity has been stolen, the first thing you should do is place a fraud alert on your credit reports by calling one of the following:

Equifax: 1-800-525-6285
Experian: 1-888-EXPERIAN (397-3742)
TransUnion: 1-800-680-7289

The second thing you should do is go to https://www.identitytheft.gov and fill out an identity theft report. When complete, send one copy to the three credit bureaus, and take one copy to your local police station and file a police report. Identity theft is a crime.

If identity theft is not a concern, your first step should be to file disputes with Equifax, Experian, and Transunion. While you can file disputes online at the bureaus’ websites or at www.annualcreditreport.com, the better way to dispute is by mailed letter sent certified mail, return receipt requested. If you do dispute online, be aware that you have less space to provide details and can accidentally give up legal rights by checking certain boxes.

To dispute by mail, use the following addresses:

TransUnion Consumer Solutions
P.O. Box 2000
Chester, PA 19016

Experian
P.O. Box 9701
Allen, TX 75013

Equifax Information Services LLC
P.O. Box 740256
Atlanta, GA 30348

In your written dispute, be as specific as possible regarding the error and why it’s wrong. Use your full name and address, include the number of the account in error, and attach copies of anything that supports you. SAVE A COPY OF EVERYTHING YOU SEND.

When is it time to call a credit report lawyer?

It’s time to call a credit report lawyer once the credit bureaus come back and “verify” all of the incorrect information you reported to them. While a law called the Fair Credit Reporting Act (“FCRA”) requires that credit bureaus perform a “reasonable” investigation in response to notifications of error, this almost never actually occurs. Credit bureaus exist and get paid by creditors – not regular people – to compile reports on us. The “investigation” that credit bureaus perform is usually a computer sending a message to your creditor’s computer, asking if information is accurate. No human beings talk to one another. As you might imagine, errors do not usually get fixed unless a lawsuit gets filed.

What can a credit report lawyer do for me?

And how much would it cost? A credit report lawyer can use the Fair Credit Reporting Act (“FCRA”) to sue both the credit bureaus AND any creditor reporting false information about you. By filing a lawsuit, a credit report lawyer forces the credit bureaus, and the creditor reporting the false information, to pay attention to the error and do something about it. And because the FCRA is what’s called a “fee- shifting” statute, a lawyer can usually represent you for free. The FCRA “shifts” the burden of paying for the case to the other side once you win. What’s more, the FCRA also allows a court to award “punitive damages” in your favor, if the violations by the credit bureaus and information providers are really bad.

What about using a credit repair agency?

DO NOT USE A CREDIT REPAIR AGENCY. Most of the providers out there are scams. “Credit repair” agencies do not do anything that you could not do yourself, and they charge you extra for it. Money that could be used to negotiate payoffs or pay down legitimate debts gets used up in their administrative costs. Credit repair agencies also cannot help you if you get sued. YOU ARE MUCH, MUCH BETTER OFF USING A LAWYER under any circumstances.

Can I talk to you about the errors I’ve found on my credit reports?

Yes. Please reach out to the Law Office of Emily Gomez LLC at (412) 378-5854. We offer free initial consultations, and would be happy to speak with you.

References

1 https://www.consumerreports.org/money/credit-scores-reports/serious-mistakes-found-in-credit-reports-a1061511185/