What Debt Collectors Cannot Do to You
The FDCPA is a complicated law and there are many different types of violations that a debt collector can commit and be liable to you for under the law. Some of the most common things that debt collectors cannot do to you are:
- call you before 8 in the morning;
- call you after 9 at night;
- call you at work if they have been told not to call you there;
- use threats of violence or harm;
- publish a list of names of people who refuse to pay their debts (but they can give this information to credit reporting companies);
- use obscene or profane language;
- repeatedly use the phone to annoy you;
- falsely claim they are attorneys or government representative;
- falsely claim you have committed a crime;
- falsely represent that they operate or work for a credit reporting
company;
- misrepresent the amount of money you owe;
- say that papers they send you are legal forms if they are not;
- say that papers they aren’t legal forms it they are;
- say you will be arrested if you don’t pay your debt;
- say they will seize, garnish, attach or sell your property or wages unless they are permitted by law to take the action and intend to do so;
- say that legal action will be taken against you, if doing so is illegal or if they don’t intend to take the action;
- give false credit information about you to anyone, including a credit reporting company;
- send you anything that looks like an official document from a court or government agency if it isn’t; or
- use a false company name.
Unfair Practices
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
- try to collect any interest, fee or other charge on top of the amount you owe unless the contract that created your debt or your state law allows the charge;
- deposit a post-dated check early;
- take or threaten to take your property unless it can be done legally; or
- contact you by postcard
You Have the Right to Sue For Violations of the Law
You have the right to sue a debt collector in a state or federal court. If you win, the judge can require the collector to pay you for any damages that you suffered as a result of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. Any attorneys’ fees and costs are paid by the debt collector.
Act Fast, As There Are Strict Time limits to Sue
It is important for people who have legal claims under the Fair Debt Collection Practices Act to seek legal help as soon as possible. There are strict deadlines for making claims, and if you wait too long, you could lose your claims and any money you would have received, such as the $1,000 statutory damages.
Call Us For a Free Consultation
Jacoby & Jacoby is experienced in handling claims under the Fair Debt Collection Practices Act, and we will fight for your rights to get you the maximum amount of compensation you are entitled to receive. Even if you did not suffer a type of harassment listed here, you should still call us. We know the law and will advise you if you have a valid claim.
No Upfront Fee and No Cost Unless We Win Your Case
Jacoby & Jacoby will take your case on a contingency, so you will not have to pay us unless we win your case for actual damages.
FOR MORE INFORMATION CALL JACOBY & JACOBY AT (631) 289-4600.
