The Fair Debt Collection Practices Act (FDCPA) was enacted to protect consumers from the unscrupulous actions of debt collectors. If a debt collector violates the FDCPA, you can take action against them.
The FDCPA regulates how they can contact you, when they can contact you, who they can talk with, and how they must present themselves and your debt. If any violations occur, you can sue a collection agency.
The laws are very clear on how a lawsuit against a debt collector can proceed and what damages can be recovered.
The Compensation For Damages Allowed by Suing a Collection Agency
If you have suffered damages because of the illegal actions of a collection agency, you can sue them. You can file a lawsuit in small claims court. In small claims court, you can represent yourself. These lawsuits are easy and usually resolved quickly.
However, you are very limited on the damages that you can recover. States allow anywhere from $1,000 to $10,000 as the maximum allowed judgment for a case in small claims court.
If you are wanting to be fairly compensated for your damages by suing a collection agency, you should sue in state court with the help of a FDCPA attorney.
Suing a Collection Agency in State Court
In state court, you can recover more damages. You will need a FDCPA attorney to represent you, so you can have your case in order and present all your evidence to the court. In state court, you can recoup $1,000 in statutory damages.
If you have suffered real damages, you can recoup compensation for those as well.
As an example, if you have lost your job because of the harassing calls, or if you have been denied other benefits or suffered mental trauma or embarrassment, you can recoup compensation. Your attorney’s fees and legal expenses as well as court costs can be recovered through the case, too.
Many FDCPA attorneys will take the case on the contingency basis, knowing that they will only be compensated if they will your case against the collection agency.
Maintaining Documentation to Sue a Collection Agency
You will need to document all calls and contact you have with the collection agency. This will include writing down the date and time of the call, the number from which the call was placed, and who you spoke with.
Make note of what was said during the conversation. Keep voicemails and all written correspondence. If someone hands you a note about a missed call, be sure to keep that as well.
Evidence is the key to recovering compensation for damages by suing a collection agency.
Consult with a FDCPA Attorney
If a collection agency has violated the FDCPA, you should consult with a FDCPA attorney. The attorney can determine if you can receive compensation for damages by suing a collection agency.
A lawyer will review your case and determine the best way for you to proceed. Get your free initial case review today!