If you are experiencing creditor harassment, seeking legal assistance from an FDCPA lawyer can be an effective way to end it. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects individuals from abusive, deceptive, and unfair debt collection practices. By understanding your rights under the FDCPA and working with an attorney with experience in this area of law, you can take proactive steps to stop creditor harassment.
Although many debt collectors follow the rules when doing their jobs, others use underhanded and intimidating tactics to get consumers to pay what they owe. Roughly one in four people who speak with debt collectors feel intimidated or threatened in some way. Not all of these instances result from people being simply afraid of debt collectors; many cross the line in their conduct.
You have protections under the law that should keep debt collectors from acting this way because federal and state laws make this conduct illegal. Debt collectors can contact you to discuss your debt and make efforts to collect. However, the law imposes sharp limits on how they speak with you, and debt collectors do not have an unlimited license to pressure you in any way they see fit. If they do and break the law, you can hold them legally accountable without waiting for the government to act.
If you have been the victim of debt collector harassment, you can file a lawsuit under federal or state law. You can recover financial compensation for the debt collector's conduct after you win or settle your lawsuit. The first step towards holding someone accountable for their illegal conduct is to contact a FDCPA lawyer.
One of the key benefits of working with an FDCPA lawyer is their experience in dealing with debt collection laws. They have an in-depth understanding of the FDCPA and how it applies to your specific situation. Whether dealing with constant phone calls, threats, or attempts to collect an invalid debt, an FDCPA lawyer can assess your case and advise you on the best course of action. They can help you stop wrongful actions and work for you to gain justice and accountability in financial compensation. FDCPA attorneys charge you nothing to speak with them, and the defendant pays them if you win your case.
Debt Collectors May Harass You to Get You to Pay Them
Debt collectors may have their own motivation when dealing with you, which has nothing to do with compliance with the law. Debt collection is a for-profit business, and the original creditor from whom you may have borrowed money has to write off debt that is more than a certain amount of days past due. Creditors want to get something for your debt and at least monetize it to the fullest extent possible. They will sell the debt to a collector, often for pennies on the dollar. The amount of money debt collectors pay depends on their likelihood of successfully collecting debt.
When debt collectors can get you to repay in full, they stand to make a lot of money, especially if they pay the creditor a fraction of the original debt. If you cannot pay them back, debt collectors always have the right to sue you in court. Still, they realize they may have difficulty collecting a judgment against you even if they win. Accordingly, debt collectors may employ high-pressure or dishonest tactics to get you to pay.
Debt Collectors May Try to Prey on Your Fears
Debt collectors know that you are likely afraid of them or embarrassed to receive a call from someone who wants to discuss the money that you owe. They try to take advantage of this to the fullest extent possible when dealing with you. In their view, the more that they call you, or the more abusive they are, the greater the chance that you will repay.
Accordingly, you may find a debt collector harassing you for a prolonged period. Debt collectors may bother you through repeated phone calls and time the calls when they know you are at work, raising your fear and embarrassment. Even though you can stop their efforts to contact you, many people in your position often do not know their rights. You can always tell debt collectors they will not call or contact you again, although that does not get you out of the obligation of paying the debt.
Debt Collectors Can Harass You in Various Ways
One common tactic used by debt collectors is incessant phone calls. They may call you multiple times a day, even at inconvenient times, in an effort to pressure you into paying. They may try to contact you during the late night or early morning hours to maximize the effect of their calls, trying to catch you off guard or disrupting your sleep. These calls can be intimidating and disruptive to your daily life.
Harassment from debt collectors can also include how they speak with you. They may try to threaten you with consequences, such as the implication that they can initiate prosecution that may send you to jail. Debt collectors can also engage in aggressive and abusive language. They may use profanity, insults, or threats to try and intimidate you into payment. This type of behavior is not only unethical but also illegal. No one should have to endure verbal abuse while trying to navigate their financial situation. Unfortunately, debt collectors often engage in this behavior, hoping you will pay the debt to spot this conduct.
Federal and State Law Prohibit Debt Collector Harassment
Federal and state laws prohibit all of the practices described above, and the Fair Debt Collection Practices Act is the federal law that protects you against this behavior. The law allows debt collectors to continue doing their jobs, albeit in a manner that respects your rights as a consumer and keeps you from dealing with abusive conduct.
Simply stated, debt collectors should not harass you in any way. They cannot make repeated phone calls with the intent of annoying or disturbing you and cannot contact you between 9 PM and 8 AM. When debt collectors speak with you, they must respect your wishes, especially if you tell them they can no longer call you. Debt collectors should not threaten you or use profanity when speaking with you. They can only discuss your debt and inform you they have the right to file a civil lawsuit against you.
How to Deal with a Debt Collector Who Is Harassing You
You need to take steps to learn your rights and document any abuses on the part of the debt collectors. Proof of their actions can serve as evidence in your lawsuit against them. However, you need to check with an FDCPA lawyer before you try to record any phone calls in case that practice is illegal in your jurisdiction.
It is crucial not to lose your temper when debt collectors harass you. If you do, it can undermine your legal case. You should be firm yet polite, and when necessary, you should hang up with the debt collector if they are subjecting you to verbal harassment.
How an FDCPA Attorney Can Help You
You should get legal help when you are dealing with abusive and threatening debt collectors because your word may not be enough to stop them. They may feel they can pressure and overpower you into complying with whatever they ask. Even insistently telling them to stop is likely insufficient to get them to cease contact. Sometimes, you need an experienced debt collection attorney to help you deal with such conduct.
At the outset, an FDCPA collection lawyer will advise you on dealing with the immediate situation. They may tell you what you can do or say to make the conduct stop. Even letting debt collectors know you have hired a lawyer may make them view you differently. They may realize that you can now hold them accountable for their conduct, and they will stop independently. Debt collectors can still face consequences for what they have done to you.
How to File and Win Your Debt Collection Lawsuit
An FDCPA lawyer can take legal action on your behalf, allowing you to receive compensation for the illegal conduct against you. Federal and state laws each contain a mechanism allowing you to enforce the law, even if the government will not act against the debt collector. If you are a victim of illegal debt collection practices, you can file a lawsuit against the debt collector seeking money for its wrongful conduct.
Under federal law, you do not even need to prove that debt collectors had any intent to do anything wrong to win your case. Still, you must prove they violated the law with any conduct described above to receive financial compensation. In that sense, the law holds debt collectors strictly liable for their actions, and it does not matter that the individual debt collector did not know the law. Of course, you should react reasonably to the debt collector's techniques. If the debt collector calls you to discuss your debt, it is not harassment, even though you never wanted to hear from them in the first place.
Your Damages Under the FDCPA
If you prove that the debt collector harassed you, they will owe you money. The FDCPA allows you to obtain the following damages when the debt collector has broken the law:
- Statutory damages of up to $1,000
- Emotional distress damages for the effects that their conduct had on you
- Financial losses that you have suffered from their actions
- Attorney’s fees (meaning you will receive the entire value of your settlement or award without having to give a percentage to your debt collection lawyer)
After a debt collector harasses you, chances are that you may have endured emotional distress, and an FDCPA lawyer will advise you on documenting this when you file a lawsuit. It is not enough to claim that you have been bothered by the debt collector’s actions. You must have documentation of your condition, including treatment records from a mental health provider who can confirm that you have suffered emotional distress.
Under federal law, you do not have to obtain punitive damages in an FDCPA lawsuit. However, these types of damages are available to you when you file a claim at the state level. Some states have even more expansive laws than the FDCPA, prohibiting several kinds of conduct and allowing you to recover additional damages. If the debt collector’s conduct was particularly egregious, your FDCPA attorney may advise you to file a lawsuit on the state level to maximize your compensation.
FDCPA Lawyers Work on a Contingency Basis
You do not need to pay an FDCPA lawyer any money out of your pocket for legal action, and this point holds even if you do not win your lawsuit. If you receive payment in your case, the law provides that the defendant must pay your attorney’s fees, meaning that you will keep everything you receive. Thus, there is no financial risk to you in hiring an FDCPA lawyer. The system understands that money is already tight for you, and you do not want to invest money in a case with uncertain chances of success. Accordingly, you never have to pay your debt collection attorney anything if you do not win your FDCPA lawsuit.
Working with an FDCPA lawyer gives you the peace of mind of knowing you have a knowledgeable advocate fighting for your rights. They will guide you through the legal process, providing the information and support you need to deal with creditor harassment effectively. With their experience, you can stop the harassment, protect your rights, and regain control of your financial situation.
Remember, it is crucial to act promptly when dealing with creditor harassment. The sooner you seek legal assistance, the sooner you can end the harassment and protect your rights. Contact an FDCPA lawyer today to discuss your options and take the necessary steps toward stopping the unlawful conduct of debt collectors.