If you have fallen behind on paying one or more bills, you understand the stress triggered by the financial mess can consumer your thoughts. Just when you felt it could not get worse, you begin to receive frequent phone calls from an increasingly hostile representative that works for a debt collection agency.
The hostility boils over when you ask the representative to prove you are on the legal hook for settling an outstanding credit card or personal loan balance. Considered the most influential federal consumer protection law passed by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) makes it illegal for bill collectors to harass and intimidate consumers into taking care of personal debts.
For example, a company such as Absolute Collections Corp cannot threaten to seize your property to convert the assets into cash that settle an alleged consumer debt. The debt collection agency also must send you a debt validation letter to prevent any form of deception from tainting the debt collection process.
Fundamentals of a Debt Validation
Many consumers are aware that some third party debt collectors issue threats or place repeated phone calls at odd hours of the day. What escapes most consumers is the provision written into the FDCPA that requires bill collectors to send consumers a debt validation letter.
Not only does the FDCPA mandate the sending of a debt validation letter, a debt collection agency like Absolute Collections Corp must send the letter to you within five days after first making contact with you. If a company left you a hostile message for the first concerning a debt, you refer to the time stamp on the message to establish the first time the third party debt collector contacted you.
Debt validation letters must include important information that verifies the legitimacy of an alleged consumer debt. The most important pieces of information cover the exact amount of money allegedly owed, as well as the name and the contact information for the original creditor.
Third party debt collectors earn contracts from original creditors that give them the green light to chase down consumers. Some bill collectors falsify the names of original creditors to give the appearance of legality, when in fact, they do not have any legal right to collect an outstanding credit card or personal loan account.
Make sure the original creditor named in a debt validation letter signed off on a debt collection contract.
Just Compensation for Physical Distress
The stress and anxiety triggered by a bill collector can cause physical duress symptoms, such as a bleeding ulcer and constant pounding headaches. According to the FDCPA, you have the right to seek monetary damages for the pain and suffering generated by physical distress symptoms.
Working with an FDCPA attorney should help you collect enough evidence to present a convincing case in front of a civil court judge. Your lawyer will submit medical documents that confirm the presence of physical duress symptoms, as well as include the depositions made by medical experts that link your physical issues with the illegal actions performed by a debt collection agency.
Make sure an alleged debt is validated by a third party debt collector. Schedule a free initial consultation with a state licensed FDCPA attorney.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Absolute Collections Corp, or any other third-party collection agency, you may not be entitled to compensation.