It starts with a letter sent to you by a debt collection agency. The letter requests you pay off a debt owed to a credit card company. You read the letter and immediately toss it into the trash bin.
With the letter eventually becoming a fleeting memory, you are shocked one day to receive a phone call from the same third party debt collector. The phone calls initially arrive to your cell number, but within a few weeks, the bill collector begins calling you at work.
Has the debt collection agency violated any state or federal laws? The answer is not yet, but the company must follow several provisions set forth by a landmark federal consumer protection law.
How Federal Law Protects Consumers
Before September 20, 1977, third party debt collectors such as Westwood Management, Inc. has their way with consumers. The important consumer protection law called the Fair Debt Collection Practices Act (FDCPA) dramatically altered the scale of power between consumers and bill collectors.
Did you know that Westwood Management, Inc. is permitted to call you only between the hours of 8 am and 9 pm. Any phone calls placed by the debt collection agency from 9 pm to 8 am is considered a violation of the FDCPA.
This means you should contact licensed consumer protection attorney to determine how you should proceed.
Your lawyer has a powerful legal option available to make Westwood Management, Inc. accountable for violating one or more provisions of the FDCPA. By filing a civil lawsuit, you can recoup 100% of the money lost because of the physical and/or emotional distress caused by aggressive debt collection agency practices.
Your consumer protection lawyer might discover that Westwood Management, Inc. cannot prove that you owe any money on a delinquent credit card or personal loan account. If the third party debt collector refuses to stop hounding you after learning it has no evidence of an outstanding consumer debt, you can make the bill collector pay in a civil court.
Preparing a Lawsuit against Westwood Management, Inc.
Consumer protection lawyers file debt collection agency lawsuits in a federal civil court under the legal rights granted by the FDCPA.
Because federal lawsuits can take months or even years to make it through the judicial system, it is critical that consumers work with an experienced FDCPA attorney to ensure all the paperwork required to litigate a FDCPA case is submitted in a timely manner.
Your lawyer will carefully evaluate the case to determine whether a civil lawsuit is worth your time and effort.
If your FDCPA attorney decides to proceed with a civil lawsuit against a bill collector like Westwood Management, Inc., you can expect the legal representation for the debt collection agency to ask for evidence connecting the actions of the third party debt collector with the physical and/or emotional duress you claim has cost you money.
Your lawyer might also submit evidence that proves you lost wages because of the illegal practices of Westwood Management, Inc.
Filing a civil lawsuit is not the only legal recourse allowed by the FDCPA. In addition to seeking monetary damages, your consumer protection lawyer can also contact your state Attorney General Office to file a complaint.
Make sure you act swiftly to fight back against Westwood Management, Inc. by speaking with a highly rated FDCPA attorney 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 Westwood Management, Inc. or any other third-party collection agency, you may not be entitled to any compensation.