Did you know that it is illegal for a debt collection agency like Account Services Collections, Inc. to threaten you with legal action for not paying off an outstanding consumer debt? Unfortunately, far too many consumers are unaware of the provision banning threats of legal action that is written into a groundbreaking consumer protection law. Considered by many legal scholars to represent the American consumer bill of rights, the Fair Debt Collection Practices Act, or FDCPA, outlaws many previously acceptable debt collection practices.
According to the FDCPA, it is illegal for third party debt collectors to place frequent phone calls to consumers throughout the day. You do not have to take the illegal practice of repeated phone calls, nor do you have to take any phone calls made by a bill collector between 9 pm and 8am. At the heart of the FDCPA are prohibitions against harassing and intimidating consumers. One of the ways debt collection agencies intimidate consumers is by threatening to take certain actions, including legal action in the form of a civil lawsuit.
Threats are Illegal under the FDCPA
The FDCPA contains two provisions that directly address the issuance of threats by third party debt collectors. Provision number one uses general language that bans threats such as threatening to seize private property and threatening a consumer with physical violence. The second provision addresses threatening to take legal action.
Under the FDCPA, it is clearly illegal for a bill collector to threaten you with legal action. If a debt collection agency like Account Services Collections, Inc. threatens to sue you in civil court, you should respond immediately by contacting a licensed consumer protection attorney.
Stop Threats by Filing a Claim
By working with an experienced FDCPA attorney, you gain the legal expertise to devise the most powerful strategy to stop third party debt collector abuse. Your lawyer might opt to propose a debt settlement, which requires you pay back a fraction of what you owe on a credit card or a personal loan account. Another way for your FDCPA attorney to fight back against the threat of legal action involves sending Account Services Collections, Inc. a formal cease and desist notice.
Threatening you with legal action can cause considerable emotional duress. If your attorney can prove the emotional trauma you suffer from was triggered by the threat of legal action, you might have a strong enough case to file a claim against Account Services Collections, Inc. Your FDCPA lawyer will have to prove a solid connection between your emotional distress symptoms and the threats made by the debt collection agency to take you to court.
The FDCPA does not cap monetary damages for emotional distress symptoms. Your FDCPA lawyer will have to present medical records, as well as call healthcare experts to the stand, to prove the direct link between your emotional duress and the illegal actions used by a third party debt collector.
The legal stakes are too high for you to fight back against a bill collector on your own. Contact an experienced consumer protection attorney today to learn more about how the FDCPA protects you against threats to take legal action in a debt collection case.
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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 Account Services Collections, Inc. or any other third-party collection agency, you may not be entitled to any compensation.