If you are being contacted far too often by a debt collector, you may have the right to file a lawsuit against them. Federal law prevents debt collectors like Donald R. Conrad, PLC from unnecessary and persistent contact in an attempt to persuade a debtor to pay back a loan or debt. Note that your debt is with an individual creditor and not with a debt collector as such. Even if you are able to stop a debt collector from harassing you, it doesn’t stop your obligation to repay a debt.
What is the FDCPA?
The federal government has enacted a law that regulates the activity of third party debt collection agencies like Donald R. Conrad, PLC. They have the right to contact a debtor about a debt owed to a creditor, but only if it is not persistent or threatening. The Federal Debt Collection Practices Act (FDCPA) prevents debt collectors from continually contacting debtors, especially during anti-social hours.
Debtors may ask a debt collector to stop contacting them at all times of the day or night, but they cannot use the FDCPA to get out of paying a legitimate debt. If a debt collector fails to stop pestering you as a debtor you have the right to sue the debt collector for damages and legal fees. There is a 1 year statute of limitations on such a lawsuit.
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What is and What is Not Acceptable Behavior From Donald R. Conrad, PLC.
A third party debt collector is legally able to attempt to contact you about a debt that you owe to a client that has hired them to collect debts. They are not allowed to continually pester you; in particular, their contact times are permitted only between 8 a.m. and 9 p.m. unless you have made other arrangements.
Debt collectors are not allowed to use threatening or intimidating behavior or use any kind of physical force in an attempt to persuade you to repay your debt.
What to Do if Harassed by Donald R. Conrad, PLC.
You may ultimately decide to take legal action against a debt collector if you think they have breached the rules laid down by the FDCPA. Remember that you do owe a debt, but the debt repayment is to your creditor only. You do not owe money to a debt collector. You should make a note of every contact made by a debt collector.
Include dates, times and what was said or done. Let the debt collector know that you are recording these details. If you feel you are being pestered unnecessarily, you may be able to use the evidence that you have obtained to help pursue a claim against the debt collector. You are allowed to make a claim for damages and legal fees.
How an Attorney can Help
Suing a company like Donald R. Conrad, PLC, is not an easy prospect unless you are an attorney yourself. It makes sense to seek experienced legal assistance from an attorney who specializes in debt collection.
Additional Resources
*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 Donald R. Conrad, PLC., or any other third-party collection agency, you may not be entitled to receive compensation.