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?
With the caveat that I'm not a lawyer, and am not giving any legal advice to you, here are the facts:
The Fair Debt Collection Practices Act, or FDCPA, outlines specific behaviors in which debt collectors are forbidden to engage. According to this law, if a collector does engage in these forbidden practices, you may have the right to sue them in a state or Federal court.
So, what debt collection practices are debt collectors forbidden to 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.
The second of these forbidden practices is making false statements. Under the FDCPA, debt collectors are forbidden from lying to collect on a debt. Some examples of making false statements include lying about how much you owe, falsely representing themselves as attorneys or government agents, or telling you that your non-payment of debt makes you a criminal. Collections agents have a sordid history of telling people whatever they have to in order to collect money. This includes telling blatant lies and other falsehoods.
Debt collectors are also not allowed to publicize the fact that you owe money on a debt. This means they cannot contact other people about your debt, contact you via postcard (since the contents of a postcard can be seen by anyone), or publish your name on a list of people who have outstanding debts. The only time they can contact other people about a debt you owe is to discover your address, telephone number, or place of employment.
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 it's not possible for you to prove that they caused actual damages, the judge can still force them to pay you as much as $1,000. The judge can also make them pay you for any attorney's fees that you incurred.
Keep in mind that just because the debt collector violated the law in trying to collect your debt, the debt does not just disappear if you actually owe it. Their violation of the law only entitles you to sue them under the FDCPA.
Make sure to know the law, and be aware of your rights. If anyone violates your legal rights, make sure you enforce your rights. - 29970
With the caveat that I'm not a lawyer, and am not giving any legal advice to you, here are the facts:
The Fair Debt Collection Practices Act, or FDCPA, outlines specific behaviors in which debt collectors are forbidden to engage. According to this law, if a collector does engage in these forbidden practices, you may have the right to sue them in a state or Federal court.
So, what debt collection practices are debt collectors forbidden to 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.
The second of these forbidden practices is making false statements. Under the FDCPA, debt collectors are forbidden from lying to collect on a debt. Some examples of making false statements include lying about how much you owe, falsely representing themselves as attorneys or government agents, or telling you that your non-payment of debt makes you a criminal. Collections agents have a sordid history of telling people whatever they have to in order to collect money. This includes telling blatant lies and other falsehoods.
Debt collectors are also not allowed to publicize the fact that you owe money on a debt. This means they cannot contact other people about your debt, contact you via postcard (since the contents of a postcard can be seen by anyone), or publish your name on a list of people who have outstanding debts. The only time they can contact other people about a debt you owe is to discover your address, telephone number, or place of employment.
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 it's not possible for you to prove that they caused actual damages, the judge can still force them to pay you as much as $1,000. The judge can also make them pay you for any attorney's fees that you incurred.
Keep in mind that just because the debt collector violated the law in trying to collect your debt, the debt does not just disappear if you actually owe it. Their violation of the law only entitles you to sue them under the FDCPA.
Make sure to know the law, and be aware of your rights. If anyone violates your legal rights, make sure you enforce your rights. - 29970
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 over a decade 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.
