If your bills have gotten past due, or if even worse – you are being falsely accused of owing a debt – there are resources available to help you and your loved ones. Enacted in 1978, the Fair Debt Collection Practices Act (FDCPA) was created to stop unscrupulous debt collection practices and harassing calls.
While there are strict laws regarding third-party debt collectors and the collections process, that doesn’t always deter them and their actions. If you believe that you are being harassed by Direct Recovery Associates, or if you think they have failed to validate your debt, you may have the grounds to pursue an FDCPA lawsuit against them.
What Is A Debt Validation Letter And Why Do You Need It?
Don’t commence to paying a debt until you have confirmation that it is your debt and that you owe it. When you request debt validation, debt collectors are legally required to send you a letter validating the debt, explaining the original debt, adding any fees or extra charges, and then proof of you being responsible.
If you aren’t sure about the debt amount, or if you don’t believe you are responsible for the debt, don’t hesitate to ask for it to be properly validated. Don’t pay the debt until you are sure you are responsible for it.
The FDCPA indicates that any third-party debt collector must respond to a request for validation by providing a response to your request within 5 days of your written request. If Direct Recovery Associates doesn’t respond to your request by the deadline, they have violated the FDCPA and you can file an FDCPA claim against them asking for compensation for the damages that their actions caused.
Damages You May Be Entitled To Recover
If your claim has been successfully proven against Direct Recovery Associates, you can recover $1,000 for statutory damages. Actual damages may also be awarded, such as physical and emotional damages. However, this must be obvious and easily proven, such as through migraines, heart problems, or rashes.
You may be able to recover garnished pay and lost wages. The court could make Direct Recovery Associates cover your legal costs. You may claim emotional distress if you suffer from anxiety, stress, or depression. You should maintain supporting documentation, such as medical bills, medical records, and proof of visits to a therapist.
The more evidence that you have to support your claim, the more likely you are to succeed and prove that the damages are directly caused by the stress from the debt collections process.
Speak With An FDCPA Attorney
If Direct Recovery Solutions doesn’t properly validate your debt, then you have legal repercussions. You should consult with an FDCPA lawyer who specializes in FDCPA cases involving debt collector harassment. The attorney will be able to detail your rights and help you get the harassment put to an end.
Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles such cases in your area.
*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 Direct Recovery Associates, or any other third-party collection agency, you may not be entitled to compensation.