Many third-party collectors are reasonable, scrupulous people. Unfortunately, not all third-party collectors are like that. Some third-party collectors will call you at odd hours, make your phone ring repeatedly, threaten you, and send you embarrassing mail to collect the debt.
In Nebraska, the third-party collectors who do that are breaking the law. The Federal Debt Collection Practices Act (FDCPA) is meant to keep third-party collectors from taking such aggressive actions. Under the FDCPA, those actions (along with many others) are punishable in a court of law.
The best way of figuring out whether you should file a claim is by recognizing what kind of behavior is prohibited, gathering evidence, and then speaking to an FDCPA attorney about what you should do next. That attorney will be able to answer any questions you may have and help you understand the process.
Nebraska’s Debt Collection Protections
Most of the protections that will be relevant to you fall under the FDCPA. That being said, Nebraska has its own debt collection laws that you should be aware of. Those laws could determine how your lawyer ends up handling your case.
One of the more interesting debt-related laws in Nebraska is related to the statute of limitations surrounding credit card debt. Under Nebraska’s Revenue Statute §25-216, a consumer can actually extend the statute of limitations on collecting a credit card debt by paying part of it and acknowledging the debt in writing. After that, the statute of limitations can start anew from that date.
The FDCPA and You
Since the FDCPA is a federal law, you’ll be protected by it in Nebraska. More specifically, under the FDCPA, third-party collectors are not allowed to:
- Take money out of your bank account
- Try to collect a debt you’ve already paid
- Call you before 8 a.m. and after 9 p.m. in your time zone
- Use profane language
- Pretend to be a member of the IRS or other government agent
- Continue to harass you after you’ve sent them written communication asking them to stop contacting you
The FDCPA prohibits many other types of behavior, and an FDCPA attorney would be able to help you determine whether you have a claim and how you should proceed.
Talk to An Attorney Today
An FDCPA attorney will be one of the best resources you have available for your FDCPA case. That attorney can help you form your case and ultimately negotiate on your behalf to get the compensation that you deserve; after all, you could receive up to $1,000 for each FDCPA violation. This money won’t erase what happened, but it will certainly help you start to get your life back on track.
Perhaps most importantly, you don’t have to worry about paying your lawyer upfront, and you don’t have to pay your lawyer unless you win. This is because FDCPA attorneys often work on a contingency-fee basis. This means that you your attorney has every reason to work hard to help you win your case. Don’t hesitate to contact one as soon as possible. Peace of mind is still within reach.