Tag: Debt Collector
Will you need a debt collector to sue you? When they go to recover money from customers, most debt collectors abide by the law; but there are bad apples out there willing to use unethical methods to try to get consumers to pay up. And often, that means that you can sue the debt collector instead of thinking about the debt collector suing you. Do you want to learn more continue learning
If a debt collector calls you, it is necessary to know what the collector can and can not do under the Federal Equal Debt Collection Practices Act (FDCPA). You may want to contact a local consumer law attorney with experience handling collection cases if you suspect that the debt collector has crossed the line and may be using unethical methods to try to recover money from you. The attorney can recommend you sue the collector after talking with you. (Your state may have a better debt collection statute of its own that gives you more protection than the federal law. If you are filing a case, the lawyer can file it using either the federal law or the law of your state—whatever is best for you.)
Here are several examples of when your rights under the FDCPA have been abused by a debt collector. Collector’s:
When talking to you, he uses obscene, profane or abusive words.
Threatens abuse against you
Calls you repeatedly with the intent to threaten or irritate you. For example, on a single day or several times within the same week, the collector calls you over and over.
Threatens to permanently ruin your credit, tell your boss, your friends, or anyone else you know about or throw you in jail for the money you owe.
Without the legal power to follow through with the threats, threats to garnish your salaries, take your home or place liens on any of your belongings. The debt collector would sue you to do so and first win the case.
Represents or means that although he is not, he is an attorney. Some lawyers, however, recover debts for their customers – and if they do, they must comply with the Fair Debt Collection Practices Act.
Misrepresents the amount of debt you owe or are trying to recover a debt you have already washed out from a bankruptcy under Chapter 7.
Since telling the debt collector that you do not want to be notified about your debt again, you can have to contact you.
After you have told the collector that your boss doesn’t want him to contact you at work, he keeps contacting you at work.
Calls you before 8am or after 9pm, unless you told the collector it’s all right to call you then.
Does not provide you with written debt proof that he says you owe after you have requested that data.