Why You Should Sue a Debt Collector
2:30 AM
If you owe a lot of money, you're probably worried about a debt collector suing you for not paying them. But did you realize that there are actually many reasons for which you can sue them instead?
Keeping in mind that I'm not a lawyer, and am not giving any legal advice whatsoever, here are the facts:
According to the Fair Debt Collection Practices Act, or FDCPA, there are specific practices that debt collectors cannot engage in. The FDCPA states that you may have the right to sue a debt collector in the event that they do any of these forbidden practices.
What are the forbidden practices that debt collectors may not engage in?
The first, and most common, is harassment. Under the FDCPA, harassment means use of "threats of violence or harm", using obscene language, or annoying someone through repeated use of the telephone.
Another forbidden practice is making false statements. The FDCPA forbids debt collectors from lying to try to collect a debt. Examples of this include falsely claiming that they are attorneys or that they represent the government, lying about how much you owe them, or falsely stating that your outstanding debt makes you a criminal. Debt collectors have a long history of saying what they have to in order to collect on a debt, including outright lies and subtle misrepresentations.
Debt collectors also cannot publicize that you owe money on a debt. They're not allowed to contact other people about the debt you owe, contact you with a postcard (since a postcard can be read by anyone), or publish a list of people who owe money on debts. They are only allowed to contact other people about your debt if they need to find out your phone number, place of employment, or address.
So, what happens to a debt collector if they break the rules and engage in one of these forbidden practices?
Your first action should be to inform them that you are aware of your rights under the FDCPA, and that they must cease their illegal actions. Most of the time, this will resolve the problem without you having to resort to legal action.
If that doesn't work, however, you have up to one year from the date that they violated the law to sue them in state or Federal court. You can sue the collector for any damage that you can demonstrate you suffered because of their collection practices, such as medical bills or loss of wages.
Even if you can't prove that they caused any actual damages, the judge can still require that they pay you up to $1000. In addition, the judge can require them to reimburse you for your attorney fees.
Remember that your debt doesn't disappear just because the debt collector broke the law under the FDCPA while trying to collect on your debt. If you owe the debt, you will still have to repay the debt. The FDCPA only allows you to sue them if they break the law.
Make sure to know the law, and be aware of your rights. If anyone violates your legal rights, make sure you enforce your rights.
Keeping in mind that I'm not a lawyer, and am not giving any legal advice whatsoever, here are the facts:
According to the Fair Debt Collection Practices Act, or FDCPA, there are specific practices that debt collectors cannot engage in. The FDCPA states that you may have the right to sue a debt collector in the event that they do any of these forbidden practices.
What are the forbidden practices that debt collectors may not engage in?
The first, and most common, is harassment. Under the FDCPA, harassment means use of "threats of violence or harm", using obscene language, or annoying someone through repeated use of the telephone.
Another forbidden practice is making false statements. The FDCPA forbids debt collectors from lying to try to collect a debt. Examples of this include falsely claiming that they are attorneys or that they represent the government, lying about how much you owe them, or falsely stating that your outstanding debt makes you a criminal. Debt collectors have a long history of saying what they have to in order to collect on a debt, including outright lies and subtle misrepresentations.
Debt collectors also cannot publicize that you owe money on a debt. They're not allowed to contact other people about the debt you owe, contact you with a postcard (since a postcard can be read by anyone), or publish a list of people who owe money on debts. They are only allowed to contact other people about your debt if they need to find out your phone number, place of employment, or address.
So, what happens to a debt collector if they break the rules and engage in one of these forbidden practices?
Your first action should be to inform them that you are aware of your rights under the FDCPA, and that they must cease their illegal actions. Most of the time, this will resolve the problem without you having to resort to legal action.
If that doesn't work, however, you have up to one year from the date that they violated the law to sue them in state or Federal court. You can sue the collector for any damage that you can demonstrate you suffered because of their collection practices, such as medical bills or loss of wages.
Even if you can't prove that they caused any actual damages, the judge can still require that they pay you up to $1000. In addition, the judge can require them to reimburse you for your attorney fees.
Remember that your debt doesn't disappear just because the debt collector broke the law under the FDCPA while trying to collect on your debt. If you owe the debt, you will still have to repay the debt. The FDCPA only allows you to sue them if they break the law.
Make sure to know the law, and be aware of your rights. If anyone violates your legal rights, make sure you enforce your rights.
About the Author:
Sean Payne has learned from the school of hard knocks about getting out of debt. After paying off his own debt, he spent several years learning all he could about how to pay off massive amounts of debt. Check out Sean's fascinating e-course about how to sue debt collectors and get out of debt, quickly and easily.
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