It started with a letter you received in the mail. The letter was from a debt collection agency such as Consumer Portfolio Services, Inc., and the letter politely asked you to take care of an outstanding debt. You ignored the letter and a few weeks later, you began receiving phone calls from the same third party debt collector.
With each passing phone call, the bill collector used stronger language to convince you to own up to the delinquent credit card or personal loan account. Eventually, the debt collection agency threatened to take you to court.
For decades, consumers had little, if any legal recourse to fight back against overly aggressive debt collection agencies. In 1977, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA). Referred to as the consumer Bill of Rights, the FDCPA outlaws previously legal debt collection tactics that include using abusive language and implementing deceptive debt collection techniques.
You do not have to deal with third party debt collector phone calls made at odd hours of the day, as well as accept any phone calls made by a bill collector to you in the workplace.
Consumer Portfolio Services, Inc. is Not Allowed to Issue Threats
As a cornerstone of the FDCPA, there is a provision that outlaws the issuing of threats by debt collection agencies. Congress included the prohibition of threats provision to prevent third party debt collectors from using extortion like practices involving physical harm.
The threats provision of the FDCPA also forbids bill collectors from threatening to seize private property, as well as from threatening to contact the IRS in regards to an outstanding consumer debt. Consumer Portfolio Services, Inc. is not permitted to issue threats that involve filing lawsuit against you.
How to Handle the Threats of a Lawsuit
Issuing threats of legal action is intended to intimidate consumers into paying off delinquent credit card and personal loan balances. If Consumer Portfolio Services, Inc. is threatening legal action, you should speak with a licensed consumer protection lawyer who specializes in litigating FDCPA cases. Your FDCPA attorney will thoroughly review your case, including any evidence you have acquired that links Consumer Portfolio Services, Inc. with one or more violations of the FDCPA.
Some of the evidence you can give your FDCPA attorney includes the original letters sent to you by the debt collection agency and the tape recorded phone conversations that clearly implicate Consumer Portfolio Services with issuing threats to take legal action.
Your FDCPA lawyer can file a claim against a third party debt collector seeking monetary damages for pain and suffering. If you suffered physical and/or emotional distress because of the threats made by Consumer Portfolio Services, Inc. to take legal action, you might be entitled to receive just compensation.
Your FDCPA attorney will need to present physical evidence in the form of medical documents confirming your symptoms are directly related to illegal debt collection techniques. Expert medical witnesses can also take the stand to testify on your behalf.
Schedule a free initial consultation with an experienced consumer protection attorney today to learn more about how the FDCPA protects you against the threats to take legal action.
*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 Consumer Portfolio Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.