Home » Law and Legal Articles » Approximately 11,000 Lawsuits Filed in 2011 Claiming Creditor Harassment
Approximately 11,000 Lawsuits Filed in 2011 Claiming Creditor Harassment
The Federal Debt Collection Practices Act governs what behavior third-party creditors can do in order to collect debt.
January 29, 2012 /Law and Legal PR News/ -- Approximately 11,000 Lawsuits Filed in 2011 Claiming Creditor Harassment
Those behind on their bills have certain rights that protect them from unfair debt collection practices. The Federal Debt Collection Practices Act governs what behavior third-party creditors can do in order to collect debt. If a creditor does violate the law and harasses the debtor, the debtor can sue the creditor under the FDCPA.
Many do. As of December 2011, nearly 11,000 lawsuits were filed against creditors who allegedly violated the FDCPA. A successful claim under the FDCPA stops the creditor harassment and may bring financial compensation.
FDCPA Provisions
A third-party creditor or collection agency cannot:
-Contact you before 8 a.m. or after 9 p.m.
-Use harassing behavior, such as obscene language, threats or repeatedly call to annoy the debtor into paying
-Make false statements, such as claiming you are committing a crime for not paying or misrepresenting documents
-Claim to be acting on behalf of the government or a government agency
-Try to collect additional money, such as extra interest or fees unless it was a part of the original debt contract or if your particular state allows it
If you no longer wish to have any contact with a collection agency, you can notify them in writing. Simply send a letter stating you do not wish to have further contact, make a copy of the letter and be sure to send it by certified mail so you know they received it. However, the debt will not be eliminated; the creditor can recall the account from the collection agency and send it to an attorney and sue you for the money.
While a creditor does have rights to collect on debt that is owed, collectors cannot and should not harass, intimidate or otherwise violate the FDCPA in pursuing debt collection. If you have been the subject of creditor harassment, you may be able to file suit and have the debt waived. Contact an experienced bankruptcy attorney in your area to fully understand your rights.
Article provided by The Troglin Firm, P.C.
Visit us at www.troglinlawoffices.com
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