If you are being constantly called by a debt collector like Consumer Portfolio Services, Inc., you may be able to take legal action to stop their pestering behavior and even win damages from them. You cannot get rid of a debt you owe to a creditor, but federal and state laws prohibit a third party debt collector from calling you at all hours of the day or night about your debt. See an attorney if you are being harassed or believe that the debt collector is using intimidating behavior towards you.
What is the FDCPA?
The federal government regulates debt collection agency activity. Rules over the years have got tougher, making it illegal for debt collectors to contact debtors at anti-social hours and using threatening behavior or even physical force. The Federal Debt Collection Agency Practices Act (FDCPA) is the federal law that is used to regulate debt collectors’ behavior. If a debt collector continues to harass a debtor, the FDCPA can be used to file a lawsuit against the debt collector within 1 year of the harassment.
What is and What is Not Acceptable Behavior From Consumer Portfolio Services, Inc.
Debt collectors collect debt or attempt to collect debts from debtors on behalf of creditors. They are acting perfectly legally in doing so. However, debt collectors cannot continue to call a debtor day and night constantly. They are limited to the hours between 8 a.m. and 9 p.m. unless an arrangement has been made between debtor and debt collector in advance.
As a debtor, you can ask a debt collector to stop contacting you and you may take legal action against the debt collector if they continue calling you. Remember that you do not owe any money to the debt collector itself. You owe money to a creditor and you have a responsibility to pay back your debt to them according to the terms of your loan.
What to Do if Harassed by Consumer Portfolio Services, Inc.
When a debt collector calls you, it is a wise move to keep a record of the times they call. This could be useful at some point if you decide to take legal action against them. Make a note of the dates and times they call you, whether it is by phone, text, e-mail, or in person. Make a note of what was said at the time they call. If you have a recording device (many cell phones have a voice recorder function), you could make a record of what they have said and your response.
If you believe you are being harassed unnecessarily, tell them to stop calling you. If you are still being called, then see an attorney and consider taking legal action. According to the FDCPA, you have 1 year to file a lawsuit against the debt collector for unnecessary harassment over your debt.
How an Attorney can Help
Constant pestering from a debt collector can be an intimidating experience. If you have evidence of harassment that breaches the FDCPA, you should see an attorney about your chances of filing a lawsuit against the agency.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Consumer Portfolio Services, Inc., or any other third-party collection agency, you may not be entitled to receive compensation.