Being sued for a past due debt will cause you stress and anxiety, sleepless nights, and can lead to distraction on the job. This is because most creditors are relentless when it comes to collecting their debt and refuse to listen to reason or to work with honest consumers. The level of contact from a lender can border on harassment and add to the emotional trauma of being unable to pay your bills. No one takes out a debt with the intention of letting it go unpaid but sometimes life has other plans and things happen. But what should not happen is violations of the rules in place for debt collection and when a lender crosses the line the debtor can and should take action.
The law that governs how debt collection cases should go is called the Fair Debt Collection Practices Act, and it requires the following:
- Debt collectors have to advise you they are debt collectors and not the original lender. Part of this notice has to inform you that the purpose of the communication is to collect a debt and that any information you provide in response will be used for that reason.
- You must be given the opportunity to dispute the debt.
- You can ask for the name of the original lender and that must be provided to you.
- You can ask for a payment history and that proof of debt be given to you before the case proceeds any further.
You can also ask that the debt collector cease and desist from contacting you. If the collector fails to abide by your request this is a violation of the Act. Violations of the Act are actionable, meaning you can sue the debt collector for any damages the violation has caused you. This can be tricky business and is best left to a knowledgeable consumer protection attorney. If you are being harassed by a debt collector, or if threats have been made in connection of a past due debt call our office. We know what to do to put a stop to the prohibited acts and can also take action on your behalf against the debt collector.
For more information about lawful debt collection practices, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that work for you.