Did a Collection Agency Not Validate Your Debt?
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Did Ace Cash Express, Inc. Not Validate Your Debt?*
There are many reasons why you might take out a loan and get into debt. Third party debt collectors like Ace Cash Express Inc. may contact you on behalf of whoever you owe money to about your debt. Although this is perfectly legal, they have no right to demand you pay a debt back unless they provide proof of the amount of debt and how it was incurred in advance in the form of a debt validation letter. Debtors’ rights are protected by federal legislation. The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 to protect debtors from unnecessary harassment by debt collection agencies. A violation of the FDCPA could mean you have the right to file a lawsuit against the agency. It is advisable to contact a FDCPA attorney before taking legal action.
What Is a Debt Validation Letter? And Why Do You Need It?
Debt collection agencies like Ace Cash Express Inc. are legally required to send you a debt validation letter before demanding that you repay a debt. The letter should provide evidence that you owe a certain amount of money and when the money was due to be paid. Debt collectors don’t always get their facts correct and it is quite possible to be harassed by a debt collection agency even if you don’t owe any money at all or you have already repaid a debt you owed.
If in doubt about a debt that it is claimed that you are owed, and in the absence of a formal debt validation letter you should send a request to the agency to confirm the debt that they say you owe. The agency is required under the FDCPA to issue a debt validation letter within 5 days of the receipt of your debt verification request. A failure to do so may be considered a violation of the FDCPA. You may then have grounds to take legal action against the agency up to and including a formal lawsuit against them.
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Damages You May Be Entitled To
If you can prove that a debt collector has been harassing you or has failed to provide a debt validation t then you may be awarded statutory damages of an amount not exceeding $1,000. You may also be entitled to claim other damages such as compensation for lost wages if your physical and emotional distress has caused you to be unable to go to work. Compensation for wage garnishment, physical and emotional damages and attorney’s and legal fees may also be claimed.
Physical damages include any outward manifestation of distress in physical form including rashes, severe headaches or migraines and other complaints.
Talk to an Attorney Today
Harassment by a debt collector can be frustrating and intimidating. Some debt collection agencies may exploit your lack of familiarity with the law to continue to contact you without giving concrete details about the debt you are alleged to have owed. If you think that the agency is behaving wrongly and are wondering what legal action to take, you should contact an experienced FDCPA attorney who can assess your situation and advise you about your rights under the FDCPA. You are more likely to succeed with your lawsuit if you have an attorney represent you throughout. To be connected with a suitable FDCPA attorney in your state, you should fill out a Free Case Evaluation form available below.
Additional Resources
*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 Ace Cash Express, Inc., or any other third-party collection agency, you may not be entitled to compensation.