If you are one of those consumers who feel intimidated by debt collectors, then you should know your rights under the Fair Debt Collection Practices Act (FDCPA). While creditors are entitled to collect debts, they cannot do it in a manner that is abusive, deceptive, embarrassing, annoying or oppressive.
To do so is not only unethical but illegal. The FDCPA can make collecting agencies pay for damages if they violate the provisions of the law.
FDCPA in Tennessee
Though Tennessee has yet to enact a state law similar to the FDCPA, it nevertheless implements the federal statute to its fullest extent. This means consumers in the state are protected against various inappropriate practices and tactics of debt collectors that violates the FDCPA.
This includes the simplest acts such as frequent calls.
In Tennessee case Brown v. Hosto & Buchan, P.L.L.C. for instance, the court denied defendant collecting agency’s motion to dismiss since the conduct of the latter, which involved frequent calls to the plaintiff’s home and mobile phone with the use if an automatic system of dialing, is considered abusive, harassing and oppressive.
Some debt collectors, particularly the most unscrupulous ones, would file a lawsuit against a debtor just to be able to create pressure to collect. It is therefore important that you know the statute of limitation of your debt to get a peace of mind.
In Tennessee, the statute of limitation for consumer debts like credit card debts, promissory notes and written and orally contracted debts is 6 years. Beyond this period of time, you can no longer be sued for your debt.
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Get the Help of a Tennessee FDCPA Attorney
Those who are in debt are hounded by collectors due mainly to their inability to pay for a variety of reasons. This is why it is common for them to also be anxious about hiring an attorney to handle their claims against a debt collector.
However, this should not be the case since a claim for damages includes the recovery of attorneys’ fees and legal costs. As such, you will end up not paying anything and in the process, will be able to collect monetary remedies from the collecting agency.
Given that this action necessitates legal procedures, the most sensible thing to do is seek the help of a Tennessee FDCPA attorney to file a claim. You can make it easier for your attorney to win your case by providing clear and strong evidence. Tennessee is a one party consent state.
This means the permission to record a conversation over the phone need to come only from a single party. Therefore, you can record the annoying and harassing messages of the debt collector without his approval. You may then use that as evidence.
Winning a case against a collecting agency could include various remedies, besides legal costs and attorneys’ fees, consisting of the following:
- Actual damages
- Statutory Damages
- Recovery of lost wages
- Damages for physical/emotional distress
- Injunctive remedies
- Recovery of garnished wages
A Tennessee FDCPA attorney can easily walk you through the relevant collection laws and strengthen your case to make sure you are able to get the best possible remedies. This covers all Tennessee residents, whether you live in Nashville, Knoxville or even Sevierville.
Get a Free Evaluation Today
In these cases, information about the law is your weapon. You need not cower when an annoying debt collector will call you non-stop. Instead, you can turn the table on him and inform him about your knowledge of the FDCPA law.
To know more about the FDCPA and other collection laws in Tennessee, get a Free Evaluation today. A Tennessee FDCPA attorney will be referred to you at your request.