Dallas Auditor .com

If you’re in debt up to your ears, you might be worried that a debt collector might sue you for not paying on your debt. But did you know that there are many reasons for which you can actually sue them instead?

With the caveat that I’m not a lawyer, and am not giving any legal advice to you, here are the facts:

The Fair Debt Collection Practices Act, also known as the FDCPA, defines specific practices in which debt collectors may not engage. According to the FDCPA, you have the right to sue a collector in a State or Federal court if they engage in any of these forbidden practices.

So, what are these forbidden practices?

The first, and most common, is harassment. Under the FDCPA, harassment means use of “threats of violence or harm”, using obscene language, or annoying someone through repeated use of the telephone.

Another forbidden practice is making false statements. The FDCPA forbids debt collectors from lying to try to collect a debt. Examples of this include falsely claiming that they are attorneys or that they represent the government, lying about how much you owe them, or falsely stating that your outstanding debt makes you a criminal. Debt collectors have a long history of saying what they have to in order to collect on a debt, including outright lies and subtle misrepresentations.

Debt collectors also cannot publicize that you owe money on a debt. They’re not allowed to contact other people about the debt you owe, contact you with a postcard (since a postcard can be read by anyone), or publish a list of people who owe money on debts. They are only allowed to contact other people about your debt if they need to find out your phone number, place of employment, or address.

So, what happens if a debt collector does engage in one of these forbidden practices?

Your first action should be to inform them that you are aware of your rights under the FDCPA, and that they must cease their illegal actions. Most of the time, this will resolve the problem without you having to resort to legal action.

If that doesn’t work, however, you have up to one year from the date that they violated the law to sue them in state or Federal court. You can sue the collector for any damage that you can demonstrate you suffered because of their collection practices, such as medical bills or loss of wages.

Even if you can’t prove that they caused any actual damages, the judge can still require that they pay you up to $1000. In addition, the judge can require them to reimburse you for your attorney fees.

Remember that just because the debt collections agent broke the law while trying to collect money from you, it doesn’t mean that the debt disappears. If you still owe the debt, you still have to pay the debt. The only difference is that their breaking the law means that you can sue them under the FDCPA.

Know the law. Know your rights. And if your rights are violated under law, make sure you use the law to enforce your rights.