The Fair Debt Collection Practices Act (FDCPA) was enacted to protect consumers from deceptive and unscrupulous debt collection practices. The act allows consumers to take legal action against debt collectors and debt collection agencies that violate the FDCPA. In addition to the federal laws that protect consumers, most states have additional laws in place to protect consumers who owe debts.
In most cases, a consumer can file a lawsuit and recover up to $1,000 in statutory damages plus compensation for any other harm that the violations caused you. You can also request attorney’s fees and costs.
Which Lawyers Will Sue a Collection Agency?
For a successful lawsuit in state court against a collection agency, you will need to enlist the help of an attorney. FDCPA lawyers stand up for consumers who are being targeted by collection agencies and debt collectors who are violating the FDCPA.
These attorneys will review the details of the case, help you gather up evidence and documentation, and then determine the best way to proceed with your lawsuit. While you might not think you can afford legal representation, help is available when you need to sue a collection agency.
FDCPA attorneys will give a free case review and often, they will not be compensated until your case has been won. They only take cases that have strong evidence, so they will recover legal fees and costs when your case is settled or won.
Gathering Evidence and Documentation for Your Lawyer to Sue a Collection Agency
When you are contacted by a collection agency, you will need to maintain evidence and documentation that shows what happens. This means you should keep all written correspondence, document all phone calls writing down the date, time, phone number, company, and representative.
Also, keep any voicemails and record conversations with the debt collector. All these things together will help show that you have been harassed or that the FDCPA has been violated. Without evidence supporting your allegations, your lawsuit against the collection agency will not go far.
What Are Some Reasons a Collection Agency Can Be Sued?
There are several ways that the FDCPA can be violated. Here are some examples of violations.
- Calling to collect debts outside of the allowed hours, such as calling at 11 p.m.
- Using profanity or threatening the debtor while trying to collect the debt.
- Lying about the debt by either inflating or deflating its amount.
- Failing to provide proof of the debt or not having proof of the debt.
- Threatening legal action that cannot be taken.
Consult With a FDCPA Attorney That Sues Collection Agencies
If you have been harassed by a debt collector, you should consult with a FDCPA attorney. With the right guidance, you can take legal action against the debt collector and sue them, recovering compensation for the damages that they caused.
A statute of limitations does apply, so time is of the essence when you are suing a debt collector. Get your free case evaluation today, so you can get your lawsuit on track and get that debt collector off your back!