A debt collection agency such as Penn Credit continues to harass you, even after you send a formal notice demanding the third party debt collector stop all forms of communications with you. Do you have another way to get Penn Credit off your back?
Under a federal consumer protection law, you enjoy the right to file a lawsuit to recover monetary damages, as well as end the harassment for good. However, there is one caveat.
You might come out on the short end of a legal battle, if you decide to fight the good fight by yourself.
In 2011, Olivea Marx lost a lawsuit against General Revenue Corporation. In her lawsuit, Olivea claimed the bill collector engaged in constant harassment.
The civil court ruled against her by requiring her to pay the debt collection agency more than $4,500, which included the legal fees incurred by General Revenue Corporation.
Not only is it important to use other methods first to stop third party debt collector harassment, it is even more important for consumers to work with a licensed consumer protection lawyer.
An Overview of the Fair Debt Collection Practices Act (FDCPA)
Decades before 1977, debt collection agencies resorted to aggressive debt collection efforts in attempts to get consumers to pay off outstanding credit card and personal loan accounts.
After intense pressure from consumers wronged by unethical third party debt collectors, the United States Congress passed into law the groundbreaking Fair Debt Collection Practices Act (FDCPA).
According to the FDCPA, it is illegal for third party debt collectors to issue threats or use abusive language when trying to close out a delinquent consumer credit account. Threats can include referring to jail time or claiming one or more relatives will be on the hook for the debt in question.
Do consumers have methods for ending unlawful debt collection practices? The answer is a resounding yes. For example, your FDCPA attorney might discover the statute of limitations for collecting outstanding consumer debts has expired in the state where you live.
Most states have imposed debt collection statute of limitations running between two and four years. You also have the right to demand Penn Credit prove you are on the financial hook for an outstanding debt.
Proof comes in the form of documentation that presents the name and address of the original creditor, as well as the amount owed on the delinquent debt. If Penn Credit refuses to provide you with the legally granted information and continues to issue threats, you should hire an experienced FDCPA lawyer to consider the filing of a civil lawsuit.
Three Things to Consider for Filing a Claim against Penn Credit
Some of the preparation for filing a lawsuit against a debt collection agency begins long before you submit the proper paperwork for filing the lawsuit. First, you must have qualified legal counsel representing you, as you should expect the third party debt collector to be represented by a seasoned team of lawyers.
Second, you lawyer will know how to word every letter sent to Penn Credit. Far too many times, consumers allow emotionally charged language to get in the way of writing an effective cease and desist letter. Finally, you have to collect and organize all the documents related to your case.
Maintaining accurate records goes a long way towards winning your lawsuit.
Speak with a consumer protection lawyer to analyze the pros and cons of filing a claim against Penn Credit.
*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 Penn Credit or any other third-party collection agency, you may not be entitled to any compensation.