If you have been threatened by a debt collection agency like Consumer Portfolio Services Inc. there is little to be gained by putting up with their behavior.
Threats made to debtors violate the Fair Debt Collection Practices Act (FDCPA) and if you can prove that a violation has occurred you may be able to sue the agency that has been threatening you and recover damages, including compensation for any real harm done.
A lawsuit doesn’t actually reduce your debt at all, but it can certainly provide a much needed boost at a low point in your life.
About Consumer Portfolio Services
Consumer Portfolio Services Inc. has been in the debt collection business for 28 years. It is based in Las Vegas, Nevada. It is accredited to the Better Business Bureau (BBB), which has given it an A+ rating based on consumer reviews and complaints received.
The good reviews are probably from the creditors and the complaints from the debtors. The BBB has received 77 complaints so far since a file was opened on the company two years ago.
Complaints are varied, but incorrect figures, incorrect names and a failure to respond quickly tend to be the most common complaints.
What are Considered as Threats?
While constant pestering is considered harassment, a debt collector crosses an invisible line when it starts threatening a debtor. Threats are clearly violations of the FDCPA and may lead to a lawsuit being filed against the debt collector.
The following are examples of what the FDCPA would consider threats:
- attempts to seize any of the debtor’s property;
- real physical violence against the debtor;
- threatening to take the debtor to the police unless a debt is paid;
- a threat to have wages garnished;
- damaging the reputation of the debtor by publishing the debtor’s name online.
Damages You May Be Entitled to
When you are considering filing a lawsuit against Consumer Portfolio Services Inc. you will want to know what you can claim. It is best to discuss this with an FDCPA attorney before actually submitting your claim through a civil court.
As long as you have clear evidence of a violation, you should be able to obtain up to $1,000 in damages, together with attorney’s and other legal fees.
If you have evidence of actual physical or psychological harm, you should claim for this as well. Other damages you might be able to claim are lost earnings and garnished wages.
End the Threats Today
It is best to nip a threatening debt collection agency’s behavior in the bud as quickly as possible. A successful lawsuit will get the debt collector off your backs and provide you with some much needed cash. Use the Free Evaluation form below to locate an FDCPA consumer law attorney near you.
*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 Consumer Portfolio Services, Inc., or any other third-party collection agency, you may not be entitled to compensation.