If unforeseen circumstances have meant you have got behind with paying your typical monthly bills or you have had the misfortune to have been told you owe money when you don’t, there is no need for you to put up with this sort of treatment. This is because the Fair Debt Collection Practices Act (FDCPA) enacted in 1978 was put in place to protect you from undue harassment by third-party debt collectors. Despite these provisions in the FDCPA this doesn’t mean all debt collectors will take notice. If you have evidence to show that a debt collector from Eastpoint Recovery Group, Inc. has been repeatedly calling you regarding a debt, you might be eligible to file an FDCPA lawsuit against the debt collection agency.
What Is a Debt Validation Letter? And Why Do You Need It?
The first thing you should always do if you have been harassed to pay a debt is request that the debt collector confirms that the debt is yours and not someone else’s. In addition, all debt collectors are required by law to dispatch to debtors a debt validation letter. This explains the nature of the debt including the amount owed and the due date for payment.
If you are unable to recall owing any money or if you believe that a mistake has been made regarding the debt you can send to the debt collector a debt verification letter. This is asking the debt collector to provide the right information about the debt. The FDCPA has set a requirement that debt collectors must send to you a written debt validation notice. This includes the key information about the debt.
They are given up to 5 days to send you this debt validation. If Eastpoint Recovery Group, Inc. fails to dispatch the debt validation letter, this is a violation of the requirements laid down by the FDCPA. You may be able to recover damages from Eastpoint Recovery Group, Inc. which is compensation for the way the debt collector has illegally harassed you.
Damages You May Be Entitled To
If you have taken the matter to a court of law and it is proven that the debt collector was unlawfully harassing and failed to validate your debt you should be eligible for $1,000 in statutory damages. On top of this the court may award actual damages, which typically include emotional and physical damages as well as compensation for loss of wages and wage garnishment. The debt collector may be told to cover a debtor’s attorney fees too. The physical damage award typically covers any ailments inflicted on you due to the action of the debt collection agency such as rashes, severe, chronic headaches, and cardiovascular problems. If the treatment by the debt collector has caused you stress and anxiety your attorneys may file a claim for emotional distress as well.
Talk to an Attorney Today
If Eastpoint Recovery Group, Inc. failed to validate your debt, it will have to face the legal consequences for its action. You will need to discuss your situation with an FDCPA attorney who specializes in harassment by debt collectors and who will inform you of your rights and how you can prevent any further harassment from debt collectors from the debt collector. Fill out our Free Case Evaluation below so you can be connected to an FDCPA attorney who is responsible for consumer law cases in your state.
*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 Eastpoint Recovery Group, Inc., or any other third-party collection agency, you may not be entitled to compensation.