Can you sue a debt collector for harassing you?
Aria Murphy
The Fair Debt Collection Practices Act (FDCPA) says debt collectors can’t harass, oppress, or abuse you or anyone else they contact. You can also sue the debt collector for violations of the FDCPA.
How can I defeat a debt collection lawsuit?
Lawsuits have been defeated on the grounds of mistaken identity, past bankruptcy, fraudulent charges, and other circumstances. More often than not, the best way to defeat a debt collection lawsuit is simply to ask the debt collector to show you (and the judge) the evidence.
How to stop harassment for debts you don’t owe?
Contact the courthouse to see if they can refer you to an attorney, or, if your income is low, a legal aid organization, she recommends. “If you don’t answer in time, they will win by default” in the courts, she says.
What happens when a collector tries to collect more than you owe?
If the collector is trying to collect more than you owe, fails to verify the debt, continues to contact you while the debt is being disputed, fails to provide you with the name and amount of the original debt, the collector is violating the Fair Debt Collection Practices Act.
What happens when a debt collector stops calling?
Even if a debt collector stops calling, the debt is still there, and you still need to deal with it. So, if a collector contacts you about a debt, you may want to talk to them at least once to get the story.
Do You Know Your Rights as a debt collector?
Many consumers have never encountered a debt collector. Some may be fearful or reluctant to take a debt collector’s call or read letters about credit card debts they owe. Experts say consumers should face the facts and deal with debt collectors, but also know and understand their rights and protections. Need help?
When is it unreasonable to call a bill collector?
Call you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable). Place telephone calls to you without identifying themselves as bill collectors.