Some debtors shudder when the telephone rings.
This is due to the anxiety that the party on the other line may be a debt collector who will threaten them. Such threats include wage garnishment, seizure of your home, property garnishment, and/or lawsuits. In the worst cases, the threats can go as far as threats on lives.
It sounds absurd for a reasonable person to engage in this kind of behavior, but unfortunately, these types of debt collectors are out there. No wonder many debtors are terrified of them. In fact, it is the abusive debt collector who should be afraid of consumers, due to the federal Fair Debt Collection Practices Act (FDCPA).
With this federal law, debtors have the right to hold unscrupulous collection agencies legally liable, claim damages from them, and in some states, even have employees imprisoned if the collectors engage in particularly egregious acts.
Wyoming’s Debt Collection Laws
Wyoming does not have a collection law that is identical to the FDCPA. That being said, the Wyoming Statutes, Sections 33-11-101 to 33-11-103 have supporting laws that add further requirements to debt collectors, such as a licensing requirement.
As with other states, Wyoming also imposes a statute of limitations for debts, beyond which the debt becomes time-barred and collection agencies and creditors may no longer sue you. The following debts have the corresponding statute of limitations in Wyoming:
- Credit card debts – 8 years
- Promissory notes – 10 years
- Orally contracted debts – 8 years
- Debts under a written contract – 10 years
As a one party consent state, Wyoming consumers can also make this an advantage against inappropriate communications conducted by collection agencies.
For example, you can easily record the phone conversation you have with your debt collector and use that against him as evidence if you file a claim for damages. As a one party consent state, you do not need the permission of the person you are talking to on the phone to record it.
Therefore, if you manage to record violent or abusive language used by your collector, you have proof of his violation of the FDCPA. At that point, you should get the help of an FDCPA attorney in Wyoming to initiate a claim.
Get Advice from a Wyoming FDCPA Attorney
A claim for damages is a legal procedure and would require the services of a licensed Wyoming FDCPA attorney. While this will initially entail some expenses, it should be noted that those expenses will eventually be recovered if you win your case. The following remedies may be available to you depending on how the court rules in your case:
- Actual damages
- Statutory damages
- Additional damages
- Attorneys’ fees and legal costs
An attorney will be in the best position to estimate what these damages may look like for you. Remember that all residents of Wyoming, whether from Cheyenne, Casper, or Gillette, are protected by the FDCPA. A Wyoming FDCPA attorney can help you exercise those protections so that the harassment stops.
A Free Evaluation is Available Here
If you have a case against a debt collector under the FDCPA, get a free evaluation. If you intend on going through with a claim for damages, remember that you only have one year from the time the violation has been made to do so. If you need a Wyoming FDCPA attorney, one will be connected to you within minutes.