Being in debt is hard enough, but when debt collectors are calling and making threats, it’s a situation that can become intolerable.
No one should live in fear, and according to a federal consumer protection law, you don’t have to.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to stop abusive debt collection practices.
If a debt collector doesn’t abide by its terms and tries to compel debt payments in illegal and underhanded ways like the following, you can take legal action.
- Using profane or obscene language
- Making threats they cannot legally follow up on, such as having you arrested
- Refusing or failing the validate the debt
- Telling your friends, neighbors, and co-workers that you owe money
- Calling before 8:00 a.m. and after 9:00 p.m. in your time zone
- Reporting false information to the credit bureaus
Company Profile: HP Capital
If you are being called by HP Capital, here is some more information about the company and its operation.
HP Capital is a debt collection agency in Jacksonville, Florida.
It was established in 1984, has fewer than 10 employees, and is managed by Noel Pooler.
Digitized litigation files viewable at the PACER website confirm that consumers who believed that they were being harassed by HP Capital took the company to court.
Alleged Violations against HP Capital
According to information on the PACER website, in or around 2009, HP Capital began contacting a California consumer to collect a debt.
He alleged that collectors told him that the debt was a government issue, and nonpayment would result in his arrest.
He also claimed that they used abusive language, threatened to garnish his wages, and said that the debt could be increased by attorney’s fees and other costs.
Feeling harassed by HP Capital, the consumer sued the company for:
- Using false, deceptive, and misleading means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Failing to identify itself as a debt collector in all communications
The matter was later settled.
Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
If you ever see either of them on your caller ID, it means that HP Capital is on the line.
If they threaten or intimidate you during any collection conversations, hire a consumer lawyer and file a claim against HP Capital.
The company may be ordered to pay you $1000 per incident plus attorney fees and court costs. These penalties remind debt collectors that they are never outside the law.
*Case taken from PACER (pacer.gov). Case 2:10-cv-00195-FCD-KJM from the United States District Court for the Eastern District of California.
*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 HP Capital or any other third-party collection agency, you may not be entitled to any compensation.