Debt is often seen as a taboo or something to be embarrassed about, even though a majority of Americans currently owe a debt. As such, when a debt goes to collections, it can cause additional stress for those who owe funds. This stress can increase when the debt collector begins harassing you or violating the laws to protect you as a consumer. That’s why understanding whether or not you can sue a debt collector with the assistance of a Los Angeles, California debt defense lawyer is essential. Luckily, the following blog can help answer some of the questions you may have regarding these matters.
When Can I Sue a Debt Collector?
Though it may seem outlandish, there are many instances in which a debt collector can be sued by those they are collecting from. There are laws surrounding the behaviors of third-party debt collectors acting on behalf of lenders. These laws, known as the Fair Debt Collections Practices Act (FDCPA), detail unacceptable behaviors for collectors when interacting with those who owe funds.
Common violations of the FDCPA that warrant a lawsuit include, but are not limited to, the following:
- Refusing to identify themselves as a debt collector
- Refusing to issue a debt validation letter
- Calling repeatedly in a short period
- Calling before 8 a.m. or after 9 p.m.
- Talking to anyone other than you or your attorney about the debt
- Publishing your name publically as a debtor
- Misrepresenting their identity as a police officer or attorney
- Threatening to sue you if they have no actual intentions of doing so
What Should I Do if the Collector Violates the FDCPA?
If a debt collector violates the FDCPA, it’s essential to understand how to proceed. The most important thing you must do is collect as much evidence of the violation as possible. Whether these are screenshots of a call log showing the collector has repeatedly called you in a short time or a debt validation letter proving you do not owe the funds they are attempting to collect, obtaining as much evidence of the violations as possible is critical.
If you are being harassed by a debt collector, it’s important to note that the police will be unable to assist you. However, if the collector has made threats of physical violence toward you or your family, you may want to contact the police.
Am I Entitled to Damages?
When a debt collector violates the FDCPA, you may be entitled to damages. Generally, you can collect up to $1,000 per violation. You may also be entitled to additional damages if you’ve suffered because of their harassment. For example, if they called you repeatedly at work, despite informing the collector you are unable to take personal calls at work, to the point where you were demoted or fired, you may want to seek compensation for lost wages or emotional distress.
At Los Angeles Legal Solutions, we understand how frustrating this can be. That’s why our team is ready to assist you through these challenging times to help you receive the compensation you deserve. Connect with us today to learn how we can help you hold a harassing debt collector responsible for their behaviors.
