The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from the deceptive practices that are sometimes used by debt collectors.
If debt collectors or collection agencies violate the FDCPA, the consumer can take action against them. What kind of action you take is dependent on the goal you have for your situation.
One way you can get relief from unscrupulous debt collectors is sue the collection agency.
You will need to maintain thorough documentation throughout the duration of contact with the collection agency to build a strong case.
Documentation to Help You Sue a Collection Agency and Win
You can sue a collection agency and win if you have evidence to support your claim. You will need to document all contact with the collection agency. This means you should keep a notepad by the phone or readily available.
Make note of the date and time of call, how the caller identified himself, the basic details of the call, and the phone number from which the call was placed.
When possible, you should record the call. Keep any voicemails from the collection agency.
Also, keep all written correspondence. Any of these pieces of evidence might reveal that the FDCPA was violated in one form or fashion.
Sue a Collection Agency for FDCPA Violations
The FDCPA sets guidelines for debt collectors. It allows debt collectors to call during set times, which are between 8 a.m. and 9 p.m. Also, it prohibits debt collectors from harassing debtors.
While the frequency of contact is not specified, you shouldn’t be called several times a day from the collection agency. Debt collectors cannot use obscene language, make idle threats, or threaten you with physical harm.
Any of these actions are in violation of the FDCPA and are grounds for a lawsuit against the collection agency. Debt collectors cannot misrepresent a debt, meaning that they allege it is a greater amount, or lower amount, than it really is.
When you ask for documentation of your debt in writing, they must supply you with written proof of the debt, including the original agreement, within a 30-day timeframe. Failure to provide proof of debt is also in violation of the FDCPA.
Options to Sue a Collection Agency
You have options to sue a collection agency and win. You can file a claim in small claims court and represent yourself.
Using this approach, you complete a simple document and file the lawsuit. Then, you will need to gather up your evidence and documentation to present to the judge at the hearing.
The judge might render a decision at the hearing, or you might be notified of the ruling later. This process goes rather quickly, but you are limited on the amount you can recover.
You can enlist the help of a FDCPA attorney and file a lawsuit in state court.
You could recover $1,000 in statutory damages plus actual damages, court costs, legal expenses, and attorney’s fees. Get your free case evaluation today from a FDCPA attorney so you can sue a collection agency and win!