When a debt collection agency contacts you, the company has plenty of incentive to track you down and make you pay off an outstanding credit card or a personal loan account.
The incentive is called money.
Original creditors either pay third party debt collectors such as Ad Astra Recovery Services, Inc. a commission or original creditors sell delinquent consumers debts to bill collectors for a fraction of the actual amount of money owed. The motivator called money can lead debt collection agencies into murky legal waters by using aggressive debt collection tactics. Fortunately, you are protected by a landmark law that outlaws dozens of previously valid debt collection practices.
Passed by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) prohibits third party debt collectors from implementing aggressive debt collection practices, such as using abusive language and hounding consumers in the workplace. The consumer bill of rights also contains legal language that gives consumers the power to file claims against bill collectors that seek monetary damages.
Threats of Legal Action Considered Unlawful by the FDCPA
Under the FDCPA, debt collection agencies are not allowed to threaten consumers in any way. One of the most effective threats involves threatening to take consumers to court. You might receive a letter stating that if you do not take care of a debt, the bill collector will file a lawsuit in civil court. You should save every letter sent by a third party debt collector like Ad Astra Recovery Services, Inc. but especially any letter that threatens to sue you for an unpaid debt.
You also might receive threatening phone calls from a bill collector. Gathering evidence of the verbal threats is harder to do than saving letters, but you can record every phone call you have with a debt collection agency. If you live in a one party consent state, the law permits you to tape phone calls, without having to tell the person on the other end of the line that you are recording the phone conversations. With a saved tape of the recorded phone conversations you have with a representative from Ad Astra Recovery Services, Inc. you may have physical evidence that proves the bill collector threatened you with legal action.
What Can You to Stop the Threats?
You have to act with a sense of urgency after a debt collection agency representative threatens to take legal action. The first step is to speak with a licensed consumer protection attorney that specializes in litigating FDCPA cases. Since the third party debt collector violated the FDCPA by threatening legal action, your lawyer might recommend filing a claim in civil court seeking monetary damages. Your FDCPA attorney will present evidence gathered in both written and verbal form that proves the bill collector threatened you with legal action. The type and amount of monetary damages awarded to you depends on whether your FDCPA attorney can link the illegal practices implemented by a third party debt collector with your pain and suffering.
Be proactive when confronted by Ad Astra Recovery Services, Inc. Speak with an experienced consumer protection lawyer today to learn more about the debt collection practices that are banned by the FDCPA.
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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 Ad Astra Recovery Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.