Under the Fair Debt Collection Practices Act (FDCPA), you have certain rights to tell a debt collector not to bother you about the debt. If that debt collector is persistent and abusive, or even appears likely to violate the law, it’s time to find a lawyer. A debt collector harassment lawsuit could force that debt collector to pay you a significant amount per violation, with the Court’s ruling on final judgment. A FDCPA attorney with the experience to help you get the most from your rights can inform you of all your options, and even decide on a plan to fight back against harassment by debt collectors.
The first step in filing a lawsuit to protect yourself from debt collection harassment calls is to find an experienced FDCPA attorney. You’ll find plenty of those by searching online. There are even free legal directories for those who are leery of hiring an attorney. You’ll need an experienced attorney with a good track record of winning cases for consumers. In some states, there are actually laws that give debt collectors standing to sue debtors even if they have not followed proper procedures.
Once you’ve retained a debt collector attorney, he will ask you to provide him with proof that you were contacted, such as canceled checks or receipts, so he can file your complaint with the appropriate agencies. The attorney will then work on your behalf to get your case dismissed. In many states, your debt collector harassment lawsuit can go on as a Class Action suit. With this kind of lawsuit, hundreds or thousands of people can join together and receive financial compensation from the company responsible for their harassments.
Even if you don’t get your lawsuit dismissed, you may still receive a substantial financial settlement in addition to the harassing calls and letters. You may also be able to get additional compensation for past and future medical expenses incurred as a result of the harassment. If you have faced a financial lawsuit, but you’ve been unable to win it on your own, your debt collector harassment lawsuit may be worth joining together with other debt collectors to pursue a Class Action suit against the company responsible for your harassment. With enough support, you could receive thousands of dollars in financial compensation for your harassments.
For a lot of people, the best way to win their debt collector harassment lawsuit is to simply ignore the calls and letters. Yes, they do make you feel harassed, but ignoring them is often the best thing to do. Even if the debt collector has the right to contact you on private phone numbers, not all phone calls and letters are protected by federal or state law. Therefore, you might actually be legally prohibited from saying ‘no’ to their phone calls and letters.
The fDCPA, or Fair Debt Collection Practices Act, makes it illegal for debt collectors to harass consumers in any way, shape, form or fashion. This includes everything from death threats to obscene language to repeated phone calls and letters that are not returned. In order for your lawsuit to be successful, you will need the assistance of an experienced attorney who is knowledgeable in the Fair Debt Collection Practices Act and can assist you throughout the process of filing your lawsuit.
