Debt collector harassment can have a profound psychological impact on individuals, leaving them feeling overwhelmed, anxious, and helpless. The constant phone calls, intimidating letters, and aggressive tactics debt collectors use can cause immense stress and disrupt daily life. These emotional and psychological challenges can seriously impact your mental well-being and overall quality of life.
Debt collectors try to learn your pressure points to get you to pay them in full and as soon as possible. They have a strong financial incentive to do whatever is in their power to force you into paying your debt. As the new owners of your debt, the collector will make large profits when you pay in full, allowing them to buy even more debt from the original creditor and repeat the process with other debtors. The more the debt collector tries to humiliate and harass you, the more they think that they can twist your arm into paying them. Even though you still have a legal obligation to pay your debt, no matter who owns it, there are strict limits on what a debt collector can do to harass you.
State and federal law can hold debt collectors responsible for breaking the law, and you have the right to compensation. First, you should hire a San Diego FDCPA attorney to take action. You must know your legal rights to tell the debt collector to stop and then sue them in court. It costs you nothing out of your own pocket to get a debt collection lawyer on your side, and the debt collector may even have to cover your attorney’s fees if you win your case. An experienced debt collection lawyer can help you get justice and accountability when someone has broken the law. Hiring an attorney lets debt collectors know that you are serious about asserting your rights and they should not treat you disrespectfully.
It is Already Stressful to Be in Debt
When you owe money, you feel like you are continuously under pressure. You must make minimum payments on the amount you owe each month, while high interest rates can cause your debt to balloon. You may even struggle to make the minimum payments on the money you owe.
Being in debt is a constant choice of which bills you can pay, while you may have to put others aside. Nonetheless, you cannot ignore debt because your creditors will come after you to pay. If you cannot pay your debt in time, the creditor may have to write it off and take a loss. They will then sell your debt to a collector to recover some money.
Debt collectors are in business to buy your debt and take over the right to get repaid. They bought the debt for very little, and they can make a lot when you pay in full. Thus, debt collectors have a financial incentive to do whatever it takes to have you pay them the total amount. If you do that immediately, the debt collector has a significant financial win.
How Debt Collectors May Operate
Some debt collectors can be mindful of compliance with the law and restrict their tactics to only what is allowed. Debt collection can be a legitimate business, and collectors have rights. The law will not stop legitimate debt collection efforts because there is an inherent respect for contracts under the law and your requirement to do what you have already promised (which is to pay your debt).
Unfortunately, some debt collectors take things way too far. They are well aware of the shame and embarrassment you may feel when you cannot repay your debt. They try to take advantage of the situation to pressure and humiliate you and make you want to do whatever you can to make them disappear.
There Are Debt Collector Tactics That Can Break the Law and Cause Emotional Distress
Debt collectors may use several shady and downright illegal tactics to pressure you, including:
- Pretending that they are a lawyer and threatening you with going to jail for not paying your debt
- Continuously calling you at all hours of the day to wear you down and make you feel trapped
- Calling your employer or friends to tell them that you have fallen behind on your debt payments
- Using profanity to scare you and make you feel hopeless
- Making shocking threats that can cause emotional distress
Debt collectors may use extreme methods to make you feel small and harassed, and you might feel like you are in a never-ending cycle of fear and intimidation. The relentless pursuit of payment can hurt your dignity and self-worth.
Debt Collectors Can Harm You By Causing Extreme Stress
In general, debt can have harmful effects on your mental health. Regardless of how you got into debt in the first place, it is a stressful feeling. Even if your debt situation resulted from a mistake and overspending your means, it is still mentally taxing enough to owe money, and a debt collector can make the situation even worse.
Any time you are in fear and under stress, there is potential harm to you. Even if you manage to pay your debt, you will still have lasting scars from the difficult period and the debt collector’s outrageous conduct. The effects of this conduct do not go away over time. You may even end up in therapy or prescribed anti-anxiety medication because of what the debt collector did to you.
The Emotional Distress Can Harm Your Physical Health
The harassment that debt collectors subject you to can impact your life. The feeling of being pursued by someone who can take legal action against you is difficult enough, even when debt collectors operate within the law’s bounds. When debt collectors break the law and take things too far, it can devastate you.
Being in debt is already associated with several physical health problems. Many of these result from the stress and emotional distress that comes with the feelings of despair you have when you are in debt. You may have trouble sleeping and a constant sense of anxiety, especially when someone is pursuing you.
Extreme Debt Collection Can End a Marriage and Cause PTSD
Debt already can destroy family relationships, and money is a factor in as many as 40 percent of divorces. Couples may argue about how they want to spend their limited resources, as each may have different financial priorities. Financial issues can impact marriages even when a married couple is not in debt, and the pressure gets amplified when a debt collector aggressively pursues you outside the bounds of the law. The constant stress of debt collector harassment can lead to the end of a marriage.
Some debt collectors can be so aggressive and hostile that it can even result in post-traumatic stress disorder. The fear and stress that you may feel when you are deep in debt while a debt collector is harassing you can even stay with you after you have finished paying off your debt. If the debt collector has made extreme threats, you may have suffered emotional distress for which you may need ongoing help.
You Can File a Lawsuit for Illegal Debt Collection Practices
If debt collectors have engaged in a practice federal or state law prohibits, you can file a lawsuit directly against them. A federal law called the Fair Debt Collection Practices Act allows you to enforce the statute independently without even waiting for the federal government to do something. You can be your own private attorney general and take action when you hire an experienced debt collection attorney. Each state also has laws that limit what debt collectors can do in the course of their business, and some of these laws go even further than the FDCPA.
You can file an individual lawsuit or lead or join a class action case. If debt collectors have harassed scores of others like you, many people can join to hold them accountable. Debt collectors are highly fearful of class action lawsuits because many people together can present a strong case that can cost a lot of money.
You can win an FDCPA lawsuit if you prove the debt collector violated the law. Debt collectors often have to settle FDCPA lawsuits because they may be afraid to face a jury. Many of these cases do not go to court because the debt collector knows the consequences they can face. Retaining a lawyer with experience in FDCPA lawsuits sends a message to debt collectors. It lets them know that you are serious about protecting your rights, which can often lead to a more favorable resolution, as debt collectors are more likely to comply with the law when they know they are up against an attorney who understands the FDCPA.
Damages in a Successful FDCPA Lawsuit
If you win an FDCPA lawsuit, you can receive damages for all the suffering the debt collector caused you. Your compensation may be considerable when you have suffered severe emotional distress from their actions.
FDCPA lawsuit compensation may include the following:
- The costs to treat any mental health condition that you have developed as a consequence of the harassment
- The emotional distress that you have suffered because of the debt collector’s wrongful actions
- Any economic losses that you have sustained, such as a job that you lost because you were devastated by what happened
- Attorney’s fees if and when you win your case
- Statutory damages of up to $1,000 (this is a one-time award, as opposed to an award for every single violation of the statute)
Although there are no punitive damages under federal law, some states may allow you to receive these damages when the debt collector’s conduct is egregious. Suppose the debt collector has done something extreme, causing you significant harm. In that case, consider filing a lawsuit under state law because it can give you a chance at a more substantial financial recovery.
Your debt collection attorney will review the facts and circumstances of your case to determine how much damage you have suffered. They may advise whether you should file a lawsuit or join a class action case. You may have suffered unique and individualized damages, and it may be better financially to file the case on your own.
If the debt collector has engaged in extreme tactics to cause you harm purposefully, you may even file a lawsuit for intentional infliction of emotional distress. This cause of action involves situations beyond the pale in which someone intends to hurt you. These cases can lead to considerable damages awarded to you, which may even include exemplary damages when the jury wants to send a message to the defendant for their poor behavior.
A Debt Collection Attorney Can Help Put a Stop to Wrongful Conduct
In any event, a debt collection attorney can advise you about your legal rights if a debt collector is harassing you. The first key thing is to stop illegal behavior. Then, you want to take legal action to ensure that the debt collector gets punished for what they did. Your debt collection lawyer will review the facts of your case to determine whether you have a potential lawsuit.
It does not cost you anything out of your own pocket to hire an FDCPA attorney for your case.
Consumer protection lawyers work for you on a contingency basis, and they get paid if you receive compensation. There are never any retainers or hourly fees, and if you win your case, the defendant may have to pay your attorney’s fees. There is no charge if you do not win your case. Thus, you have everything to gain from hiring a debt collection attorney to help you take action and nothing to lose.
Do not allow debt collector harassment to take a toll on your mental well-being. Reach out to an attorney with experience in debt collection harassment cases. They can help you regain control over your life, protect your rights, and provide you with the peace of mind you deserve. Remember, you are not alone in this fight, and your mental health and well-being should always be a top priority.