The stigma around being in debt weighs heavily on many people in the U.S. What’s worse is that unscrupulous third-party collectors, both in Nevada and across the country, exploit the stigma and attempt to use it to get people to pay the third-party collection agency. In fact, sometimes the third-party agencies use illegal tactics to do just that.
For example, third-party collectors may send you embarrassing mail about your debt. They may call people other than your attorney and your spouse to discuss your debt. They might even call you at work, even after you’ve asked them not to.
This kind of behavior is not just wrong. It’s illegal.
The Law is On Your Side
Under the Federal Debt Collection Practices Act (FDCPA), third-party collectors aren’t allowed to engage in that kind of behavior. The Act keeps third-party collectors from harassing you using the aforementioned tactics, among many others.
You will only benefit from the FDCPA if you speak up about your experience. Gather any evidence you can, and contact an FDCPA attorney as soon as possible to get you started with this process.
Nevada’s Debt Collection Protections
For your particular case, you are most likely going to benefit the most from utilizing the FDCPA’s protections. The FDCPA’s protections are broader and more robust, but Nevada also has some debt collection laws that you may want to keep in mind.
One of the particularly interesting ones to keep in mind is the statute of limitations for revolving balances (such as credit cards). The statute of limitations for those kinds of debts is 4 years. The statute of limitations for promissory notes (including loans) is 3 years. Additionally, the statute of limitations for oral agreements is 4 years, while written ones have 6 years.
The FDCPA and Your Claim
There are actually many types of unsavory behavior that third-party collectors aren’t allowed to engage in under the FDCPA. While this list isn’t exhaustive, some of the prohibited actions include:
- Threatening to seize your property
- Contacting you after you’ve sent them a written request asking them not to
- Asking you to pay more than you owe
- Trying to collect an old debt or one that you’ve already paid
- Making your phone ring repeatedly
- Leaving multiple voicemail messages
Familiarize yourself with the provisions of the FDCPA so you know what behavior to pay attention to when third-party collectors harass you.
Talk to An Attorney Today
The FDCPA is the law of the land. However, that doesn’t mean much unless you show that the third-party collectors stepped out of line. The first step to doing that is choosing to speak up and confront them. That can be difficult and nerve-racking, but it’s the only way the harassment will stop.
What will make the entire process easier is having an FDCPA attorney by your side. He or she will be a knowledgeable and devoted advocate for you. The attorney will have the best sense of what evidence to emphasize, what steps to take at which point in the process, and, perhaps most importantly, how to ultimately win your case.
Winning could be life changing, and not just because you’ll finally have some peace. Each FDCPA violation could get you $1,000. In other words, your life could change positively after successfully winning your case--in more ways than one.