You took the first profane phone call in stride. But the second and third made you wonder whether you deserved this treatment. Eventually, you stopped counting the phone calls at all.
If Davis and Goldmark is harassing you, you have legal protections available. The harassment doesn't have to be part of your everyday routine, and with the help of an attorney, it won't be.
Know Your Rights
The first step to getting the harassment to end is by familiarizing yourself with the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that protects consumers from aggressive or unscrupulous actions from third-party collectors.
This 1977 law prohibits a wide range of behavior, including:
- Impersonating a police officer or IRS agent in an attempt to collect on a debt
- Discussing your debt with unauthorized parties
- Using profane language in communications
- Attempting to collect more than you owe
The FDCPA is a robust law, but even if it feels like the harassment you've experienced doesn't fit perfectly into the original language of the FDCPA, you should talk to an attorney to figure out what the next steps should be.
Going to Court with Davis and Goldmark
If you and your attorney choose to go to court with Davis and Goldmark, the company will be served notice. That notice tells the company when to come to court and why it is being called in; those two pieces of information are called the summons and the complaint, respectively.
When the company receives that notice, it's going to take it quite seriously, along with the court appearance itself. You should do the same. Once the court appearance has been arranged, immediately start to figure out how to get to the courthouse on time when you're supposed to appear.
Even if you're scared of going to court, remember that you won't go to jail just for falling behind on your bills. Go there with confidence, particularly if you have a lawyer on your side.
Preparing for Your Court Appearance
The first thing that you and your attorney will do to prepare for your case is collect evidence. Evidence can come in many forms, such as a profane phone call that you may have recorded, or an embarrassing piece of mail.
Make an effort to think back on all of your interactions with Davis and Goldmark; that way, your attorney will be able to collect the most compelling evidence.
Your attorney will also help you prepare for the questions that Davis and Goldmark's lawyer will ask you. Having to respond to questions in court can be nerve-racking, but if you have a sense of what to anticipate with the questions, you'll be able to alleviate a lot of anxiety when you're due to appear.
In order to be successful, you'll want to take this part of the process particularly seriously, because the way that you answer questions can dramatically influence your case's outcome.
Contact an Attorney
When you contact an FDCPA attorney, you're bringing yourself one crucial step closer to getting your life back to normal. Unfortunately, the harassment won't end unless you muster the courage to stand up for yourself. But a bit of bravery from you and an attorney's know-how, the harassment can end.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Davis and Goldmark, or any other party, you may not be entitled to any compensation.