Similar to how law enforcement must read you your rights before an arrest, there are specific protocols third-party debt collectors must follow to ensure you understand the debt-collection process. When a debt collector contacts you by phone or mail, one of the first things they’ll state is the “mini Miranda.” The debt collector will say something like, “This is an attempt to collect a debt and any information obtained will be used for that purpose.” This statement is a way to make you aware of your rights as a consumer before the conversation begins and is a must for all third-party debt collection purposes.
It’s crucial to understand the mini Miranda when dealing with debt collectors and to know that you have rights when it comes to debt.
Third-party debt collectors are only required to state the mini Miranda before they begin the initial contact with you in each form of communication. The statement is not read before each discussion but applies to every interaction you have with them whether they are writing you a letter or calling you over the phone.
The mini Miranda protects you from saying things that could be used against you by telling you that whatever you say is being recorded. If the third-party debt collector does not include this statement at the beginning of your contact, even if you initiate the contact, they have violated the Fair Debt Collection Practices Act or FDCPA.
The mini Miranda does not have to be stated when you are speaking directly with a creditor. The creditor is the company to which you owe the original debt. If they contact you by phone, email, or in person and identify themselves as the creditor, the company does not need to state the mini Miranda warning.
It’s important to note, however, that if a debt collector contacts you, does not state who they are, and fails to read the mini Miranda to you, they violate the FDCPA. In this instance, you may be able to sue them.
The mini Miranda exists to help you understand what you shouldn’t say to a debt collector so you don’t incriminate yourself. Anything and everything you say to the debt collector during your correspondence can be used against you to build a case.
Be wary of what you say and what you admit to when speaking to a third-party debt collector. Your words could have serious repercussions.
Many debt collectors thoroughly understand each aspect of the FDCPA, yet that does not stop them from violating its rules. If you believe you have experienced FDCPA violations, you are likely entitled to significant compensation.
A successful claim can award you up to $1,000 for your case and actual damages that could potentially be in the hundreds of thousands of dollars. The Law Offices of Jibrael S. Hindi has experience fighting for debtors and can help you file your complaint today. Speak with our office to determine if you have a case. If you do, we will represent you free of cost! Contact us at 1-844-JIBRAEL to learn how we can help you today.
When a debt collector contacts you by phone or mail, one of the first things they’ll state is the “Mini Miranda.” The debt collector will say something like, “This is an attempt to collect a debt and any information obtained will be used for that purpose.” This statement is a way to make you aware of your rights as a consumer before the conversation begins and is a must for all third-party debt collection purposes.
The mini-Miranda warning by debt collectors helps you understand what you shouldn’t say to a debt collector so you don’t incriminate yourself. Anything you say to the debt collector during your correspondence can be used against you to build a case.
The “Mini Miranda” script read by debt collectors will usually say, “This is an attempt to collect a debt, and any information obtained will be used for that purpose.” The debt collector is required to read this script to make you aware of your rights as a consumer before the conversation begins. The script is a must for all third-party debt collection purposes.
Be careful of what you say to a debt collector and what you admit to them after receiving the mini-Miranda warning. Many debt collectors understand federal rules but still violate them. If you believe you experienced a violation of the Fair Debt Collection Practices Act, you may be entitled to compensation.