Can You Sue A Debt Collector For Harassment?
Yes, you can sue a debt collector for harassment. The Fair Debt Collection Practices Act (FDCPA) outlines the rules that debt collectors must abide by when attempting to recover a debt. If a debt collector is violating the FDCPA in their attempts to collect money from you, you have the right to file a lawsuit against them. In this article, the Columbus, OH creditor harassment attorneys at Kohl & Cook Law Firm LLC will discuss how to file a lawsuit against a debt collector who violates the law.
Consumer rights under the FDCPA
There are two categories of rights under the FDCPA. Those are communication rights and validation of debt rights. In terms of the validation of debts, you have a right to know who the creditor seeking repayment is, the total amount of debt owed to that creditor, and the right to dispute the debt within 30 days of notice.
In terms of communication rights, debt collectors are prohibited from:
- Calling you before 8:00 a.m. or after 9:00 p.m.
- Calling you at work when the debt collector knows you cannot receive calls at work
- Calling you after you have sent them written notice to stop all contact
- Using profane language, name-calling, calling repeatedly, or threatening to arrest you
- Being abusive or using deceptive practices when attempting to collect a debt
- Calling you when you are being represented by an attorney
Under the FDCPA, you have one year from the date of violation to file a lawsuit against a debt collector for illegal debt collection practices.
How to file a lawsuit against a debt collector
FDCPA lawsuits can be filed in either federal or state court. State courts can hear cases that invoke federal law. However, the collection agency that you are suing may request that the lawsuit be moved to a federal court. Federal courts have the right to take cases away from state courts if the suits are based on federal statutes.
An FDCPA lawyer can help you file this lawsuit. While you don’t need a lawyer to file an FDCPA lawsuit, lawyers can provide numerous advantages including maximizing the value of your claim. Lawyers will handle all the paperwork and communications for you. Once you retain a lawyer, the debt collections agency is legally no longer allowed to contact you.
Most FDCPA lawyers will offer to represent you on a contingency basis. That means that you won’t have to spend money to pursue your lawsuit. The attorney would take his cut out of whatever money they were able to recover.
What can I recover in a debt collector lawsuit?
You can recover damages related to:
- Lost wages
- Medical bills
- Emotional distress
- Wage garnishments collected due to FDCPA violations
- Any other monetary losses you suffered due to FDCPA violations
- $1,000 in statutory damages
Talk to a Columbus, OH Credit Harassment Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of those harassed by debt collectors. You can file a lawsuit to recover various damages and our attorneys can help maximize the value of your claim. Call today to learn more.
