If you have past-due bills, or if you are being falsely accused of owing a debt that isn’t yours, there are resources available to help you and your loved ones. In 1978 the Fair Debt Collection Practices Act (FDCPA) to put a halt to third-party debt collectors from harassing consumers and their friends and family. Despite these strict laws, not all debt collectors abide by the FDCPA. If you believe that Alliant Capital Management has been harassing you by making frequent calls, or if they have failed to validate your debt, you may be able to pursue an FDCPA lawsuit.
What Is A Debt Validation Letter And Why Do You Need It?
Before you make any payments to a debt collector, you will want to confirm that the debt is your responsibility. Debt collectors have the legal obligation to send you a letter to validate the debt, outlines the debt in detail, details how much you owe, and other basic details about the debt. If you aren’t sure about the debt in question, or if you don’t think you are responsible for this debt, you can send a letter to Alliant Capital Management asking them to provide you with the detailed information.
The FDCPA requires that the debt collector respond to your request by providing a debt validation notice with information about the debt that they are trying to collect from you. They have 5 days to send you proof of the debt validation, and if Alliant Capital Management doesn’t send you the validation letter you requested in a timely manner, they are violating the FDCPA and you can file a claim to recover damages from them.
Damages You May Be Entitled To Recover
Debtors who can successfully prove their claim in the court can recover $1,000 for statutory damages. You must prove that the collection agency didn’t validate your debt. In addition, the court may award actual damages, which could include emotional and physical damages, as well as compensation for any garnished wages or lost earnings. Alliant Capital Management may be required to cover your attorney’s fees.
Physical damage awards usually cover ailments that are easily proven, such as stress headaches, cardiovascular issues, and rashes or hives. Stress and anxiety can encourage attorneys to file damage claim for emotional distress. You will need to maintain supporting evidence and documentation to prove your ailments and how they are connected to the harassment that you have undergone because of the debt collection process.
Speak With An FDCPA Attorney
If Alliant Capital Management doesn’t validate your debt, they could face legal repercussions. Speak with an FDCPA attorney who specializes in debt collector harassment to learn more about your rights as a consumer and your ability to stop Alliant Capital Management from harassing you. Fill out the free case evaluation form on this page to get connected to an FDCPA lawyer who handles consumer law matters in your state. Get your claim underway today, so you can stop the harassment.
*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.