General Rule: An attorney will ask you to provide information on the debt collector and the violations they committed. This includes providing any evidence that proves the violations as well as any damages you suffered.
A debt collector should collect a debt fairly and ethically. However, sometimes a debt collector will harass you or try to deceive you into making a payment. When this occurs they have violated the Fair Debt Collection Practices Act (FDCPA). This law protects you against illegal debt collection practices from third-party debt collectors.
When there is a violation, one option you have is to file a lawsuit under the FDCPA. Often you will seek the assistance of an attorney to represent you in your case. When you hire an attorney they will still need your assistance to ensure you present a strong case.
In this article you will learn about filing an FDCPA claim and what you need to prepare for your attorney before filing. In addition, you will learn the best ways to have what you need for filing an FDCPA claim.
Identifying an FDCPA Claim
It is helpful to be able to identify when a violation of the FDCPA occurs. That way you know when to seek legal assistance. The FDCPA provides protection against certain unethical debt collection practices. Those include the following:
- Making Your Debt Public. A debt collector must keep information about your debt private. That means they cannot engage in any communication that would tip someone off that you owe a debt. They also cannot publicize your debt on any list.
- Harassing You. There are many ways a debt collector can violate the FDCPA by harassing you. Prominent examples include excessive calls, threats and profane language.
- Use of Deception. A debt collector must be honest and straightforward in their collection efforts. Any attempt to misrepresent who they are or your debt is a violation of the FDCPA.
General Information You Must Provide To Your Attorney
Once you hire an attorney, you will need to provide the attorney with certain information. Some information they will ask you to provide include the following:
- Date of Any Violations. This is important as there is a statute of limitations on filing an FDCPA claim. You must file a claim within one year of when the violation occurred.
- Debt Collector Information. Your attorney will need to confirm that you are dealing with a third-party debt collector. The FDCPA does not apply to the original creditor. They also need debt collector information so they can file a lawsuit against the correct company.
- Type of Violations. An attorney will also ask you to identify all violations that the debt collector has committed.
- Evidence. You will also need to provide any evidence you have that proves the violation occurred.
- Damages. If you are claiming specific damages you will need to provide proof. You must provide proof that you suffered certain damages and that it was caused by the FDCPA violation. These can include bills, proof of lost wages and more.
Gathering Evidence
Even if you have yet to consider filing a lawsuit, you should always pay careful attention to any interactions with the debt collector. If you believe a violation occurred, you should start gathering evidence in case you need to take action later.
Evidence is one of the most important things you can provide your attorney for them to evaluate your case. Some examples of potential evidence include the following:
- Letter from a debt collector with unauthorized charges
- A voicemail left by a debt collector that contains profane or obscene language
- A screenshot of a call log showing repeated calls or calls during inconvenient times
- Envelope or postcard that indicates you owe a debt
You will also want to take notes about your interactions with the debt collector. This includes the date, time and person you spoke with. You will also want to write down what the debt collector says. Your attorney may be able to use this information to support your case and gather other information.
Conclusion
It is always a great idea to have legal assistance when handling an FDCPA claim. A consumer rights attorney can help ensure the best possible resolution to a lawsuit filed against a debt collector.
However, your actions will also determine whether you have a successful claim. This includes gathering vital evidence and providing the necessary information to your attorney.
Additional Resources