State and federal laws prohibit debt collectors from using abusive or harassing tactics to collect a debt, even if that debt may be valid. Here are a few examples of prohibited conduct by debt collectors:
Using or threatening to use violence or other criminal means to harm the person, property, or reputation of any person;
Using obscene or threatening language;
Making excessive or continuous phone calls;
Making unauthorized communications with third parties about a debt;
Misrepresenting the amount or legal status of any debt;
Failing to verify a debt upon request; and
Attempting to collect a debt that is not owed.
The protections of the Fair Debt Collection Practices Act are available to to you when you are contacted by a debt collection agency, even if the debt claimed may be valid. A debt collection agency is a business that regularly collects debts owed to another. A creditor seeking to collect its own debt is not covered by the Fair Debt Collection Practices Act. However, you still have the right to challenge a creditor's lawsuit against you in court if you disagree with the creditor's claims.
If you have received a lawsuit about a debt, the law limits the amount of time that you have to respond to that lawsuit. You may lose the right to challenge the creditor's claims against you if you do not file a response to the lawsuit with the court. Therefore, it is important to seek legal counsel immediately if you receive a lawsuit.
In addition, you only have a limited time to file a lawsuit seeking to enforce the protections of the Fair Debt Collection Practices Act if you are being harassed by a debt collection agency.
If you have received a lawsuit, or if you have been subjected to conduct by a debt collection agency that you would like evaluated, please call the firm at (888) 456-5928 or send an e-mail to kathrynhall@khalllawoffice.com to arrange a free consultation.