The cat and mouse game played by many debt collection agencies starts with a polite letter asking you to pay off a credit card or a personal loan account. Several letters follow the first letter, and the cat has gotten much more aggressive in demanding payment.
Letters morph into hostile phone calls made at odd hours of the day. Now, the mouse has its back up against the wall. Finally, the cat goes all in by filing a lawsuit in a civil court that demands immediate payment on the alleged debt.
The mouse needs to turn into a cat by responding to a lawsuit filed by a bill collector. Civil courts issue unfavorable rulings against consumers that do not respond to the formal notices requesting their presence at a debt collection lawsuit hearing. If you receive a formal notice from a civil court announcing a debt collection agency such as Ability Recovery Service has filed a lawsuit, the best course of action is to seek immediate counsel to fight back against the third party debt collector.
Turn the Legal Tables against a Bill Collector
Responding to a lawsuit filed by a debt collection agency does not mean you have to sit quietly while the company presents its case. Under the Fair Debt Collection Practices Act (FDCPA), consumers are guaranteed numerous protections against deceptive and overly aggressive debt collection tactics. The repeated phone calls made at odd hours of the day by a debt collection agency violates the FDCPA. Instead of a company suing you for an alleged consumer debt, you can turn the legal tables by filing a lawsuit that claims the company violated the FDCPA.
Another proven way to respond to a third party debt collector suing you is to invoke the statutes of limitations established by your state for debt collection efforts. Your FDCPA lawyer might discover the statute of limitations has expired on your debt, which makes the lawsuit filed by the third party debt collector null and void. Most state have set statute of limitations that run between two and four years.
Your FDCPA attorney will know exactly how long a bill collector has to collect debts in your state. Most statute of limitations for debt collection efforts start on the last of contact between a consumer and the original creditor.
Do You Qualify for Monetary Damages?
If Ability Recovery Services violated one or more provisions of the FDCPA, you have the right to file a claim that seeks monetary damages. Dealing with the illegal practices used by a debt collection agency can take an emotional toll. From quick mood changes to an acute feeling of anxiety, you can suffer emotional duress symptoms that require the medical help provided by a certified professional. From diagnosing an emotional condition to treating it, the costs of dealing with emotional distress symptoms can soar.
Speak with a Highly Rated FDCPA Lawyer
Trying to recover the costs associated with emotional duress symptoms requires the legal assistance of a state licensed consumer protection attorney. You FDCPA lawyer will submit medical documentation that confirms the presence of emotional distress symptoms. Schedule a free initial consultation with a consumer protection lawyer who specializes in litigating FDCPA cases.
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*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Ability Recovery Services or any other third-party collection agency, you may not be entitled to any compensation.