If you are behind on your bills, you will probably be contacted by a collection agency. When the debt collector calls you, that will probably add to the stress of your financial situation. However, when those calls involve intimidation, threats, and harassment, your situation can worsen if you don’t know your rights as a consumer. The Fair Debt Collection Practices Act (FDCPA) was enacted to protect consumers from the unscrupulous practices of debt collectors. If a collection agency collects debts in a deceptive manner, then you can sue them. You need to know what your rights are and what you can do when your rights are violated.
You Can Sue a Collection Agency for Intimidating You
There are deceptive practices still ongoing despite the laws. As an example, if a collection agency alleges you committed check fraud or some crime that you did not, then threatens imprisonment, arrest, garnishment, or other legal action. One collection agency, National Check Registry, was charged with violating the FDCPA for such actions.
They would tell consumers they had 12 or 24 hours to pay their debts to avoid having a police officer or the local court system come after them. Of course, these were idle threats used to intimidate the debtor and to convince him or her to pay up. This specific collection agency would also tell the debtor’s family, coworkers, and friends that the individual was involved in legal proceedings or committed a crime, both of which are also in violation of the FDCPA. If this has happened to you, you can sue the collection agency for making threats that are just for intimidation.
Can A Collection Agency Garnish Wages or Must They Sue Me First?
There is a certain legal process that must be followed before a collection agency can garnish your wages. You will have to be sued by the collection agency, and they will have to get a judgment against you. Usually, you then set up payment arrangements and only if you don’t follow through with that agreement would your paycheck be garnished. A detailed process must be followed for before a collection agency can follow through with wage garnishment. A collection agency cannot just threaten wage garnishment and then start taking money from your paycheck. The process must go through the proper legal channels and be approved by a court.
Consult With a FDCPA Attorney About How To Sue a Collection Agency For Threatening Wage Garnishment
If a collection agency has been threatening wage garnishment or making other idle threats, you should consult with a FDCPA attorney. You might be able to sue the collection agency for threatening wage garnishment. When you sue in state court, you can recover up to $1,000 in statutory damages plus your actual damages. You can also request legal costs and attorney’s fees, so you have nothing to lose by talking with a FDCPA lawyer in your area. Schedule your free case evaluation today!