The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors who use deceptive tactics when trying to collect a debt. The FDCPA was created to prevent collection agencies from using inappropriate tactics to harass a consumer into paying a debt.
The Act has specific guidelines regarding contacting a debtor to collect a debt, how the collection process must be handled, and what they can and cannot do when attempting to collect a debt.
The FDCPA says that a collection agency cannot misrepresent a debt, saying it is higher or less than the actual amount. So, you can sue a collection agency for lying about your debt.
Sue a Collection Agency for FDCPA Violation
The FDCPA gives a consumer a right to sue a collection agency or a FDCPA violation. Misrepresenting a debt is in violation of the FDCPA. When a collection agency violates the FDCPA, you have different options depending on your goals.
You can file a complaint against the debt collector with a government agency. You can file your own lawsuit in small claims court. You can represent yourself in that court.
Or, if you are looking to recoup the most amounts allowed by law, you can seek the help of a FDCPA attorney and sue the collection agency in state court.
There you can recover $1,000 in statutory damages, your actual damages, and legal fees and court costs. You can recover more through a case filed in state court.
Maintaining Documentation to Help You Sue a Collection Agency For Lying About Your Debt
You will need to keep documentation that shows the collection agency was dishonest with you.
You should maintain a record that lists every call, including who called, the date and time of the call, and what was said. Make notes about your inquiries as well. Keep all voicemails and written correspondence.
Also, send a letter asking to confirm the debt and be sure to keep a copy of that letter along with proof of delivery confirmation. Keep any notes from your employer regarding messages you receive at work and the details regarding who called.
Documentation is the key to a successful lawsuit against a collection agency. Your FDCPA lawyer will help you take all your evidence and documentation and build a strong case against the collection agency.
Consult With a FDCPA Attorney To Sue a Collection Agency
If you have encountered deceptive tactics from a debt collector, you should consult with a FDCPA attorney. A lawyer can help you sue a collection agency for lying about your debt.
They must provide accurate documentation that supports their claim, and if they cannot do that, you can challenge their accusations.
The FDCPA was enacted to protect consumers like you, so make sure that any debt collectors are not violating those laws when they are trying to collect from you. Consult with a FDCPA lawyer today, so you can stop the harassment.