It started with a letter, and it quickly morphed in repeated phone calls.
A debt collection agency is harassing you by threatening to file a lawsuit against you in a civil courtroom.
The constant phone calls at all hours of the day has led to the development of several physical distress symptoms that result from a lack of sleep.
Not knowing where to turn, you prepare financially for what appears to be the inevitable day when you will face the third party debt collector in court.
Not so fast. According to the Fair Debt Collection Practices Act (FDCPA), a third party debt collector is not allowed to threaten you in any way, which includes threatening to take you to court.
However, a company such as Ascension Point Recovery Services does have the legal right to sue you.
If you receive a formal notice informing you of a lawsuit file by a bill collector, you have to be proactive by contacting a state licensed FDCPA lawyer.
Ignoring a lawsuit does not make the legal action go away. In fact, you can expect to receive a summons to appear in court that you must comply with to resolve a dispute between you and a debt collection agency.
Take Control of a Lawsuit filed by a Debt Collection Agency
Simply wishing a lawsuit away will only come back to bite you financially.
Judges typically frown on consumers that ignore requests to appear in court to answer the lawsuits file by bill collectors.
The question is not whether you should respond to a lawsuit filed by a third party debt collector, but how you should fight back by using the provisions written into the FDCPA.
In the case when a bill collector threatened you with a lawsuit, you need to collect evidence that proves the company violated the FDCPA.
A copy of the letter or letters that contained threatening language is a good start.
You should also save every phone call you have with a bill collector to prove the company issued one or more threats to file a lawsuit against you in a civil court.
Most modern phone messaging systems time stamp phone calls to give you the solid evidence you need to prove a company made threats to take you to court.
You also want to make sure a debt collection agency is not seeking more money than the company is legally permitted to recover.
Some companies deceive consumers by artificially increasing credit card and personal loan balances.
Are You Eligible for Monetary Damages?
The FDCPA does much more than make previously legal debt collection practices illegal.
It also grants consumers the legal power to file claims that seek monetary damages.
You can seek just compensation for the costs associated with treating the physical duress symptoms caused by the harassing and intimidating tactics used by a third party debt collector.
By collaborating with a highly rated FDCPA lawyer, you can submit the evidence required for a judge to issue a ruling in your favor.
Schedule a free initial consultation today with an accomplished consumer protection attorney 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 Ascension Point Recovery Services or any other third-party collection agency, you may not be entitled to any compensation.