Falling behind on bills has put your back against the financial wall. Things get much worse when a debt collection agency such as Tucker, Albin & Associates, Inc. sends you a letter demanding full payment on an outstanding debt.
After a couple of weeks of ignoring the phone calls made by a representative from Tucker, Albin & Associates, Inc., the company goes over your head by contacting a family member regarding your debt. Do you have to take the harassment handed out by the third party debt collector?
According to a landmark federal consumer protection law, the answer is an emphatic no.
Do You have a Strong Case to File a Claim?
Passed by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits bill collectors from contacting third parties regarding consumer debts. Tucker, Albin, & Associates, Inc. cannot even threaten to call a friend, a neighbor, or a family member to discuss an outstanding credit card or personal loan account.
The FDCPA also forbids any threats that involve seizing private property for liquidation into cash. If Tucker, Albin, & Associates violated one or more provisions of the FDCPA, you should seek legal counsel to determine if you have a valid claim against the debt collection agency.
In addition to outlawing numerous overly aggressive debt collection tactics, the FDCPA also grants consumers the right to file a claim in a civil court. To ensure you have a strong enough case to file a claim, your FDCPA attorney will conduct a thorough review of your case.
His or her focus will be on gathering enough compelling evidence to present to a civil court judge. Filing an FDCPA claim, without presenting a strong case, will inevitably lead to the judge presiding over your case to throw your claim out of court.
Just Compensation for FDCPA Violations
Under the FDCPA, consumers have the right to file claims seeking statutory and/or actual damages. Statutory damages are one-time award covering every FDCPA violation committed by Tucker, Albin & Associates, Inc. With a maximum award of $1,000, statutory damages represent more of a punitive award than a way for you to recover the money lost because of illegal third party debt collector tactics.
Actual damages are awarded to take care of the financial burden caused by lost wages and having money garnished out of your paychecks. For a judge to award you actual damages, your FDCPA lawyer will have to connect the illicit actions committed by a bill collector with the money lost because of lower wages and garnished paychecks. Your FDCPA attorney will submit paycheck stubs, as well as the legal decree that authorized a wage garnishment order.
The Importance of an FDCPA Attorney
As you see, filing a claim against a debt collection agency requires a lot of time and knowledge of federal consumer protection law. You cannot expect to win a claim against Tucker, Albin & Associates, Inc., but working with a licensed FDCPA lawyer can help increase your chances.
Your attorney will file the proper paperwork in a timely manner, as well as call to the stand expert witnesses that will confirm the allegations made against the third-party debt collector. Complete the Free Case Evaluation on this page today!
*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 Tucker, Albin & Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.