If you have not been able to pay your monthly bills, or you have been unlucky and have been accused of owing money when you don’t have, the Fair Debt Collection Practices Act (FDCPA) has provisions in force to protect you from being harassed by a third-party debt collector to pay your debt.
Despite the presence of the FDCPA not all debt collectors take notice of the laws. If you believe that Penn Credit has sent a debt collector to threaten you, it may be possible to file an FDCPA lawsuit against Penn Credit.
About Penn Credit
Penn Credit has been a debt collection specialist since 1987. Its headquarters appear to be in Harrisburg, PA but it works in other locations too. According to the Better Business Bureau there have been 80 complaints laid against the debt collector in the last 3 years.
68 of these have been settled in the last 6 months. One of the complainants said s/he had been receiving 5 to 6 calls a day up to 9:30 pm even though there were no outstanding debts.
What is Considered a Threat?
The FDCPA spells out in clear language that debt collectors are not permitted to threaten debtors to the point that they disturb the daily routines of the alleged debtor life. If Penn Credit uses any of the threatening tactics listed below it is violating the laws laid out by the FDCPA:
- using a violent act or other criminal behavior which causes physical harm or injury to the alleged debtor;
- threatens to remove your property;
- threatens to contact your employer to recover the debt by garnishing your wages;
- threatens to call the police to get you arrested for noon-payment of a debt;
- publishes a debtors’ list and threatens to take legal action against everyone on the list;
Damages You May Be Entitled to
Any debtor who has indisputable evidence that s/he has been unduly threatened by a Penn Credit debt collector may be able to file a damages claim in a court of law and could be awarded $1,000 in statutory damages. Physical and emotional damages could be awarded by the court as well.
If the debtor has lost any wages s/he will be compensated for this loss and for any lost by wage garnishment. The debt collector may be told to pay the debtor’s attorney fees.
Usually awards for physical damage cover such afflictions as chronic migraines or headaches, rashes and cardiovascular complaints. Stress and anxiety are often the outcome of threatening behavior used by debt collectors from Penn Credit and the attorney will request compensation to cover this outcome.
End the Threats Today
If you have the proof that Penn Credit has sent a debt collector to threaten you the next step you should follow is to contact a FDCPA attorney. S/he will take the matter to a court of law and ensure you get the compensation you deserve.
Fill out our Free Case Evaluation to be connected with 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 Penn Credit or any other third-party collection agency, you may not be entitled to compensation.