What to Do If a Debt Collection Agency Threatens Legal Action
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What To Do If McCarthy, Burgess & Wolff Is Threatening Legal Action*
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For much of America’s more than 200-year history, consumers were at the wrong end of a struggle that involved the collection of outstanding debts. Responding to an overwhelming discontent displayed by consumers, the United States House and Senate passed what many legal analysts call the ultimate consumer bill of rights. Called the Fair Debt Collection Practices Act (FDCPA), the federal consumer protection laws makes it illegal for debt collection agencies to harass and intimidate consumers. Previously acceptable debt collection tactics like flooding home landlines with calls are no longer considered legal.
Another benefit produced by the FDCPA is the landmark law grants consumers the right to file claims that seek monetary damages for one or more violations of the consumer protection law. One of the most frequently cited reasons for seeking monetary damages is the suffering of physical distress. Your FDCPA attorney will thoroughly review your case to determine whether there is a conclusive link between your physical duress symptoms and the illegal actions conducted by a third party debt collector.
Threatening Legal Action Not Allowed by the FDCPA
One of the most common FDCPA violations occurs when bill collectors threaten consumers into paying off outstanding credit card and personal loan balances. A debt collection agency cannot threaten to seize your private property, nor is the company permitted to threaten you in any physical manner. Another provision of the FDCPA clearly forbids threatening legal action. You do not have to take a threat of legal action written into a debt collection agency letter. Most third party debt collectors do not want to leave a paper trail confirming threats of legal action. Instead, the companies make the threats over the phone. The FDCPA prohibits threats of legal action through every mode of communication. If a bill collector such as McCarthy, Burgess & Wolff threatens to sue you, immediately contact a licensed FDCPA lawyer to schedule a free initial consultation.
How a FDCPA Attorney Can Help Protect Your Rights
Consumer protection attorneys that have compiled impressive records of successfully litigating FDCPA cases have several options available to prevent bill collectors from issuing threats of legal action. For example, your FDCPA lawyer can craft a formal cease and desist notice that requests McCarthy, Burgess & Wolff to refrain from issuing threats of legal action. The formal notice will clearly outline the steps your attorney will take to stop the threats of legal action, including alerting the Federal Trade Commission (FTC) and your state Attorney General office. You can also consider filing a claim in civil court to seek monetary damages for the FDCPA violation of threatening legal action.
Another way your FDCPA lawyer can stop the threat of legal action involves invoking your state’s statute of limitations for the collection of delinquent credit card and personal loan accounts. Each state sets the length of time third party debt collectors have to collect consumer debts. The clock typically starts on the statute of limitations on the day of the last recorded activity on a credit account.
Do not let a debt collection agency bully you by threatening legal action. Contact a FDCPA attorney today to schedule a free initial consultation.
*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 McCarthy, Burgess & Wolff or any other third-party collection agency, you may not be entitled to any compensation.