You arrive home from work one day to find a letter from a debt collection agency sitting in your mailbox. That is strange you think, since you recently paid off the last outstanding consumer debt you owed. The letter demands payment of a debt you already paid off. What should you do to make the letters and inevitable phone calls stop?
You should reach out to a licensed consumer protection lawyer who specializes in litigating cases involving a landmark consumer protection law.
Enacted by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) forbids third party debt collectors from pursuing the collection of debts that consumers have already paid off. The groundbreaking federal consumer protection law also prevents bill collectors from trying to collect more money that what is owed on an outstanding credit card or a personal loan balance.
Moreover, a debt collection agency such as Capio Partners, LLC cannot use abusive language or threaten you in any way. The FDCPA not only contains provisions outlawing dozens of debt collection techniques, it also grants consumers the right to file a claim seeking monetary damages.
It is against the Law to Issue Threats of Legal Action
In response to growing consumer demands for debt collection reform, the United States Congress wrote the FDCPA with the primary purpose to eliminate overly aggressive debt collection tactics. One type of overly aggressive debt collection tactic involves the issuing of threats. According to the FDCPA, a third party debt collector like Capio Partners, LLC cannot threaten to seize your private property or threaten to call the IRS to coerce you into taking care of a delinquent credit card or a personal loan account. The bill collector is forbidden from threatening to contact one or more of your relatives in regards to a consumer debt. Debt collection agencies are not permitted to threaten legal action. If Capio Partners, LLC has threaten you with a lawsuit, you should immediately get in touch with an accomplished FDCPA attorney.
What are Your Options for Handling the Threats of Legal Action?
After an extensive review of your case, your FDCPA lawyer has several options to make the threats of legal action stop. You might have a strong enough case to file a claim against a bill collector for violating one or more provisions of the FDCPA. Your FDCPA attorney might decide to send a formal cease and desist notice that clearly explains the legal ramifications of not complying with the cease and desist request.
A cease and desist letter requires the objective writing skills of an experienced attorney who avoids using emotionally charged language. Other legal options granted by the FDCPA to end the threats of a lawsuit include settling an outstanding consumer debt or invoking your state’s statute of limitations for the collection of delinquent credit card and personal loan balances. The statute of limitations typically starts on the last day there was activity on the debt in question.
Stop the harassment caused by a debt collection agency that threatens you with legal action. Speak with a FDCPA attorney to learn more how the historically significant consumer protection law protects you against all types of threats.
*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 Capio Partners, LLC or any other third-party collection agency, you may not be entitled to any compensation.