If you have come up against unforeseen financial hardship and as a result you have not been able to raise sufficient cash to pay your monthly bills, or even worse, you have been accused of failing to pay a debt that isn’t yours, there is support available to you through the provisions in the Fair Debt Collection Practices Act (FDCPA) which was enacted in 1978.
This legislation is aimed at preventing harassment of consumers by third-party debt collectors like Recovery Partners, LLC who employ debt collectors to recoup debts from debtors on behalf of creditors. The sorts of provisions included in the FDCPA ensure that debt collectors do not harass debtors at any time of the day or night.
Unfortunately, debt collectors typically ignore the FDCPA and call up debtors as often as they please disrupting the lives of debtors and their families. If this has happened to you and you have the proof at your fingertips, you may be able to file a FDCPA lawsuit and claim damages for the unlawful behavior of the debt collection business.
What Is a Debt Validation Letter? And Why Do You Need It?
If you have been asked to pay a debt by a debt collector, don’t go ahead immediately but get confirmation first that the debt is actually yours. Mistakes are often made by debt collection companies like Recovery Partners, LLC so you don’t want to be releasing cash for a debt that doesn’t belong to you.
If you are not certain about the validity of the debt and you think it is not yours you may send to the debt collector a debt verification letter asking for further information about the debt.
The FDCPA states that debt collectors must send out a written debt validation notice with information about the debt that they say you owe. They have no longer than 5 days to dispatch this debt validation letter and if they fail to do so they are in violation of the FDCPA and you may find you can seek damages from them.
Damages You May Be Entitled to
Any debtor who is able to prove his/her case in a court of law is immediately eligible to receive statutory damages worth $1,000. It is important to provide the evidence that the debt collection agency, Recovery Partners LLC failed to validate your debt.
The court may award actual damages, which typically includes both physical and emotional damages and compensation to cover loss of wages and wage garnishment. The debt collector may also be required to cover the debtor’s attorney fees.
Physical damage compensation generally covers ailments such as rashes, severe headaches and cardiovascular problems because proof of these medical conditions is easy to access. If the plaintiff has suffered stress and anxiety as a result of an alleged debt and the treatment from a debt collector employed by Recovery Partners LLC s/he may include emotional distress in the damages claim.
Talk to an Attorney Today
If the debt collector employed by Recovery Partners LLC failed to validate your debt, it could face legal repercussions. Speak with an FDCPA attorney specializing in debt collector harassment to learn more about your rights and your ability to prevent Recovery Partners, LLC from harassing you. Fill out our Free Case Evaluation so you can be connected to an FDCPA attorney who handles 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 Recovery Partners, LLC., or any other third-party collection agency, you may not be entitled to compensation.