Before September 20, 1977, American consumers were unable to fight back against the harassing debt collection tactics used by debt collection agencies. From threatening to garnish wages to using abusive language, the practices implemented by third party debt collectors often bordered on the extortion racket schemes unveiled by gangsters such as Al Capone and Whitey Bulger.
With American consumers rising up against the intimidating debt collection techniques used by bill collectors, the United States Congress enacted the groundbreaking Fair Debt Collection Practices Act (FDCPA).
The federal consumer protection law forbids an extensive list of longstanding debt collection tactics, as well as grant consumers the right to file claims that seek just compensation for the pain and suffering.
Your Claim Must Be Legally Valid
Civil court judges take the claims filed by consumers against third party debt collectors very seriously. This means anyone that files a lawsuit against a bill collector must be able to present compelling evidence that persuades the judge presiding over the case to continue with the legal proceeding.
You case gets much stronger when a licensed consumer protection lawyer who specializes in litigating FDCPA cases presents the evidence in court.
A claim exists if you can prove Carson Smithfield violated a provision of the FDCPA, such as using deception to trick you into sending money to settle a delinquent credit card or personal loan balance.
Another deceptive debt collection practices involves impersonating the IRS or a law enforcement official. Imagine how you would feel if someone called and told you that the IRS is coming after you hard for the collection of an outstanding debt. Your gut reaction would be like virtually every other American’s gut reaction. You will want to make the problem go away by settling the consumer debt.
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Damages Available under the FDCPA
To ensure American consumers had the legal tools to fight back against unethical debt collection agencies, the FDCPA contains language that allows consumer to file claims seeking damages for infractions of the federal consumer protection law.
After carefully reviewing your case, your FDCPA attorney might decide to file a claim that seeks statutory damages for all violations of the law. Capped at $1,000, statutory damages represent a punishment handed down by the judge presiding over your case.
If you want to make Carson Smithfield pay more for its lawbreaking, the FDCPA gives you the right to file a claim seeking actual damages. You can file a claim to recover lost wages and the money garnished out of your paychecks.
The Value of an FDCPA Lawyer
Although you might be motivated to take the legal fight to Carson Smithfield, the fact remains the fight will end up one-sided unless you enlist the help of a licensed FDCPA attorney.
An FDCPA lawyer will be able to decide how to proceed with your case, whether than means filing a claim or sending the debt collection agency a formal cease and desist notice. Crafting the ideal cease and desist notice requires the objective hand of an accomplished consumer protection attorney.
Schedule a free initial consultation with an experienced FDCPA attorney to determine how to fight back against Carson Smithfield.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Carson Smithfield or any other third-party collection agency, you may not be entitled to any compensation.