CREDITOR HARASSMENT - DO I HAVE A CASE?
Posted on 01 23,2014
Consumers are protected from creditor harassment by both state and federal laws. At the federal level, the Fair Debt Collection Practices Act puts restrictions upon creditors with regard to how they try to collect from any consumer in the USA. At the state level, the law is the Consumer Protection Act. If any creditor has violated your rights by overstepping the bounds of either of these laws, you may have a case that will allow you to file a claim and recover damages from the creditor – they will have to pay you. In fact, even your legal fees may be awarded by the court, and the creditor forced to pay your attorney. Are you the victim of creditor harassment?
Some of the restrictions placed upon creditors attempting to collect upon a debt include the times of day that you can be called as well as the number of times in any given day; that you must be treated respectfully, and the conversation cannot include threats of harm or that you will go to jail; no profanity can be used; the debt collector cannot tell you that legal action will be filed against you unless this is accurate; a collector cannot pretend to be an attorney; the use of any name of a collection company that is not the actual name of the firm; and many others.
When a debt has gone into collection, in most cases it will first move the collection section of the lender, where attempts will be made to resolve the debt. Failing this, the debt is usually sold to another collection firm, in many cases for pennies on the dollar. These collection agencies can be extremely aggressive in trying to get you to pay, and they will ask for the full amount that was originally owed. It is well worth your while to speak to an attorney and get representation to handle these debt collectors, as in fact, settling the debt could usually be arranged for far, far less than you are being told.
If the collection agency or collection section of any lender has violated your rights in any action taken in an effort to get payment, these companies can be held accountable. If you feel you are being harassed by a creditor, it is important that you keep of log of every time the company calls you, as well as what was said. Take note of any threats or possible false statements. You have rights, and if it can be established that the collection agency has violated the law, you can take legal action against them and seek damages, which will include your attorney fees. At McCormick & Calderón, we are prepared to assist you with protecting yourself from an abusive creditor. If the debt is related to your home mortgage, it could be in your best interests to have your documents reviewed. During the sub-prime mortgage boom, there was a great deal of fraud that took place, and any attempt to foreclose upon your home could include a failure to have accurate legal documents, opening the door to a negotiation regarding your mortgage, and forcing the mortgage lender to halt all foreclosure proceedings.
Our firm can help you resolve serious debt-related problems, whether through bankruptcy, resolving a mortgage crisis, or holding debt collectors accountable when they have violated federal and state law. Contact David McCormick Law Group today for more information.