If your bills have gotten behind, 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 as well. Enacted in 1978, the Fair Debt Collection Practices Act (FDCPA) was created to stop the harassment of third-party debt collectors during the debt collection process. The FDCPA and other collection laws set strict guidelines, but not all third-party debt collectors abide by the collection practices. If you believe that Bernstein, Shapiro, and Associates, LLC, has made calls too often and it has become harassment, and they have declined to validate your debt, you may be able to pursue an FDCPA lawsuit against them.
What Is A Debt Validation Letter And Why Do You Need It?
Do not make any payments toward the debt until the debt collector has validated it. You must make sure to confirm the debt and make sure that it is your responsibility. When you make your written request, Bernstein, Shapiro, and Associates, LLC, has 5 days to respond. They must validate the debt in detail, providing the details of the original debt, any fees or charges added on, proof of responsibility, and any other specific details about the debt. If you don’t think you owe the debt, or if you think they are asking for more than you owe, send a letter to Bernstein, Shapiro, and Associates, LLC, and ask for validation of the debt.
The FDCPA indicates that any third-party debt collector must respond to your request for validation of the debt by providing that evidence within 5 days of your request. If Bernstein, Shapiro, and Associates, LLC, fails to respond to that request, they have violated the FDCPA and then you can file legal action against them. You can ask to be compensated for the damages that you suffered because of their actions.
Damages You May Be Entitled To Recover
If you succeed court with a claim against Bernstein, Shapiro, and Associates, LLC, you can recover as much as $1,000 in statutory damages. The court may award actual damages, which may include emotional and physical damages, plus you can recover compensation for garnished pay and lost earnings. The court may order that Bernstein, Shapiro, and Associates, LLC, cover the legal fees.
You can recover damages for physical and emotional injuries if they are easily proven, such as stress headaches, migraines, heart problems, and rashes. If you have depression, anxiety attacks, or stress, the attorney might choose to file a claim for emotional distress and recover compensation. You should maintain medical bills and medical records to support your claim and prove your injuries.
Speak With An FDCPA Attorney
If your debt hasn’t been properly validated by Bernstein, Shapiro, and Associates, LLC, they can face legal repercussions. You should speak with an FDCPA lawyer who specializes in debt collector harassment matters and FDCPA law. Your attorney will be able to tell you more about rights. They will help you put an end to the harassment from Bernstein, Shapiro, and Associates, LLC. Complete the Free Case Evaluation Form on this page to get your claim on track.
*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.