Bankruptcy Attorney

Fair Debt Collection Act

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There are many violations of the Fair Debt Collection Act that collection agencies use regularly when attempting to collect a debt. The good news is you can sue the collection agency for the violation of the Fair Debt Collection act. You can obtain statutory damages of up to $1,000 if a violation is proven and additional damages for emotional distress, lost wages and punitive damages.

If you do have a claim we will file a civil lawsuit against the debt collector for statutory damages for up to $1,000 plus our attorney fees and costs plus any additional damages. During your free consultation we will discuss the evidence that you have against the debt collector like the dates and times of the phone calls, the time of the phone calls, the name of the collection agency and the name of the person you spoke with and the details about what the alleged violations of the debt collector. Keep in mind that a third party can sue the collection agency too. If the collection agency violates the FDCPA by calling your family member, the receptionist at work or neighbor they can also have a claim for damages.

You Do Not Pay Our Attorney Fees: If we are successful the collection agency will have to pay our attorney fees.

Fair debt collection is how debts should be collected. You should not be harassed or lied to just because you are having problems paying your debts. You should not be receiving calls from collection agencies before 8:00 a.m. or after 9:00 p.m. If you are receiving phone calls at work, tell the collection agency that you are not allowed to receive phone calls at work, and to stop calling immediately. Once you tell them to stop calling and they do not document each and every phone call. What time the collection agency calls you. The name of the person who calls you and the phone number they are calling you from. You can receive damages for receiving calls at work once you tell them to stop.

If your family member is called about your debt that is also not okay. The collection agency can call a third party to ask about your location, but that is all. If the collection agency is repeatedly calling your family member they are violation the FDCPA. Violations of the FDCPA need to be enforced so that collection agencies stop violating the law. The problem is most consumers do not take action and sue them for their harassing conduct.

You can sue a collection agency and receive damages for their harassment and lies. You cannot be thrown in jail for not paying your debts except for very extreme circumstances. Sometimes collection agencies have obtained a judgment against you. They cannot threaten to garnish your wages or take your car unless they actually intend to.