If you have a substantial debt, you may find that the creditor has appointed a debt collection service like Monarch Recovery Management Inc. to recover the debt. This is quite legal, of course, but some debt collectors use unsavory tactics to try and get you to pay off your debt more quickly. That includes ringing you or even visiting you at all hours of the day or night.
This can be an intimidating experience but may actually be illegal under the Fair Debt Collection Practices Act, a federal law that is designed to curb excess unwanted contact by a debt collector. Violators can be fined and they may also be forced to pay back any fees they try and charge. You can report a violation of the FDCPA to a government agency or file a lawsuit against the debt collector with the help of an attorney.
How to Report a FDCPA Violation by Monarch Recovery Management Inc.
There are two main avenues available to report a violation of the FDCPA by Monarch recovery Management Inc. or any other debt collector. You can report the violation to the Consumer Financial Protection Bureau (CFPB), citing evidence of unfair harassment. The CFPB can investigate the complaint and issue a fine or other sanctions if it finds that the debt collector did indeed act unfairly.
Your own state government may also have its own independent state law preventing unwanted contact by an over-zealous debt collector. In this case, the agency to complain to is the state’s Attorney General’s Office. This office can also investigate the complaint and impose its own fine.
How the Better Business Bureau Can Help in Negotiations Over Disputes
Not every dispute about debt recovery tactics becomes too extreme, but you may still feel that you are being harassed unnecessarily. You can contact the Better Business Bureau (BBB) to arrange a mediation session with a representative from the debt collection agency and try and resolve the dispute before taking further legal action. The BBB does not have the same legal authority to impose sanctions against an unfair debt collector in the same way as the agencies mentioned above, but it can have an influence by alerting other debtors or potential debtors about the company’s unpleasant tactics.
Filing a Lawsuit Against Monarch Recovery Management Inc.
You have the right to pursue legal action through a civil court (either federal or state) against the debt collector that is pestering you. You must have enough evidence to show that the collector has already violated the FDCPA, such as a detailed record of times and dates of contact.
The government caps the maximum claim obtainable at $1,000 plus legal fees. You have a year from the onset of a violation to file the claim.
How a Lawyer Can Help With a Claim for a FDCPA Violation
Filing any lawsuit in these circumstances can be a challenging experience, and it is definitely worth contacting an attorney before actually going through with the legal action against the debt collector that is harassing you.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Monarch Recovery Management Inc., or any other third-party collection agency, you may not be entitled to any compensation.