How Long Does It Take to Settle an FDCPA Claim?

General Rule: The length of time to settle an FDCPA claim can vary depending on various factors. Those include the complexity of your case, evidence and the debt collector involved.

When a debt is past due, often a third-party debt collector will take over the account. Debt collectors have a reputation for being aggressive and sometimes hostile. If you are receiving threatening calls, odd communications or other harassing behavior you are aware of this widespread problem.

The solution to this problem is the Fair Debt Collection Practices Act (FDCPA). This law prohibits debt collectors from using harassing and deceptive tactics during the collection practice. If a debt collector violates this law you can file a claim against them in court.

However, a lawsuit may take some time to resolve. How long it may take depends on various factors. The below information will help answer your questions about how long it may take to settle your FDCPA claim.

Filing a Claim

A person can file a claim when a debt collector has violated their rights under the FDCPA. However, a consumer must make sure of the following:

• Third-Party Debt Collector. The violation came from a third-party debt collector. Original creditors are not subject to the FDCPA.
• Personal Debt. The violation involves a personal, not business debt. Some examples include mortgages, student loans, medical bills and credit card debts.
• Statute of Limitations. The claim is being filed within one year of when the violation occurred.
• FDCPA Violation Identified. The consumer has evidence of a specific violation of the FDCPA. The FDCPA identifies specific types of harassment and deception that are illegal.

Factors Impacting the Settlement of Your Claim

There is more than one factor that will determine how quickly you may settle an FDCPA claim. Some examples include the following:

• Strength of Your Case. The more evidence you have of the violation the greater likelihood a debt collector will settle with you. However, if you have little documented evidence, the case might take longer to settle or be left to the court to decide.
• Type of Claim. Some FDCPA violations are more complex than others. If you have a claim involving damages for mental anguish and suffering it may take longer to resolve. However, if for instance you just want a debt collector to stop contacting you, you may resolve your case rather quickly.
• Debt Collector. Certain debt collectors are more litigious than others. Also, larger debt collectors are more likely to acknowledge a violation and find a way to settle it quickly. This may not be the case with a smaller or less experienced debt collector.
• Attorney Representation. Having an attorney represent you can speed up your case. They have experience in filing and negotiating these claims. Often they know the attorneys representing the debt collector and can work with them to get the case resolved quicker.

Are There Other Alternatives?

If you do not want to spend time dealing with a lawsuit, consider trying one of these other options first:

• Send the Debt Collector a Formal Demand. A debt collector may be willing to work with you directly once you make them aware of the violation. This may be a quick alternative to stop debt collector violations and receive any necessary compensation.
• Demand an End to All Communication. If you simply want to stop communication with a debt collector, consider sending a cease-and-desist letter. Most collection agencies will respond to this letter by ending all communication.
• Request Help From a Federal Agency. For this option, submit a complaint about the violation to the appropriate federal agency. For FDCPA violations, start by submitting a complaint to the Federal Trade Commission (FTC). In addition, you can submit a complaint to the Consumer Financial Protection Bureau (CFPB).
• Propose a Discounted Settlement of Your Debt. You may be able to settle your claim without filing a lawsuit. Ask the debt collector if they are willing to agree to a discounted settlement instead of going through the legal process.

Conclusion

How quickly you can resolve an FDCPA claim depends on your specific case. Whenever you file a lawsuit there is no certainty to securing a quick resolution. However, if you are dealing with unlawful debt collection practices, a lawsuit may be your best option.

That being said, you do not need to make a decision alone. Request a consultation with an FDCPA attorney. They can review your case and advise you on the best course of action for resolving a debt collector violation.