What Debt Collectors Cannot Do
Have you been receiving constant phone calls from debt collectors at odd hours? Have debt collectors threatened you or your family? Have debt collectors used offensive language to coerce you to pay them? If any of this sounds familiar, then you may have a Fair Debt Collection Practictes Act (FDCPA) violation on your hands as that law describes what debt collectors cannot do. Debt collectors who violate the FDCPA may face a stiff penalty of $1,000 per offense and may be liable for paying your attorney fees should they be sued.
Many debtors complain that they are often harassed by collection companies which may be a FDCPA violation. This article written about debt collection myths is a must read for anybody being harassed by creditors. The article talks about common myths that debtors have regarding debt collection practices and goes through the process and time line that a creditor must go through in order to collect a debt through the legal process.
If you believe you may have a FDCPA violation on your hand you should try to obtain as much information as you can from your debt collector harasser. For instance you will want to collect their name, address and keep a log of a the communications that you receive. Also did you know that if you send a debt collection company written notice that you no longer want to receive any phone calls from them, then they have to stop calling. If they don’t, they may be in violation of the FDCPA. They can still send you bills and written notice, but at least that is tolerable and beats getting harassed all hours of the day or at work to pay a debt. If you dispute the debt or believe this is a debt that you have paid off, you can request that the debt collection company send validation of the debt and that you owe it. If they cannot produce such validation they must stop collecting and under the Fair Credit Reporting Act the debt must come off of your credit.
If you have any questions or think you may have a FDCPA violation claim, feel free to contact the Symmes Law Group at 206-682-7975