Debtor Protection from FIA Card Services Harassment
Under the Federal Fair Debt Collection Practices Act, FIA Card Services and other creditors cannot use abusive, deceptive or unfair debt collection practices against you or any other debtor to collect a debt. They may not participate in the following activities, which are common grounds for suing debt collectors.
- Telephone you excessively, or debt collectors call you at work
- Call you before 8:00 a.m. or after 9:00 p.m.
- Harass, oppress or abuse you verbally
- Disclose information about your debts to third parties
- Contact you after written notification that you do not want to be contacted any further
- Threaten you with violence or other criminal means
- Misrepresent the amount of debt or status of a debt
- Use deceptive methods to collect debts
- Force you to pay the debt prior to your 30 day right to dispute period
If they violate the laws, you have the right to sue them in state or federal court within one year from the date the law was violated. If you win, you can collect damages that you can prove you suffered because of their illegal practices. Even if you cannot prove the damages, you may be entitled to damages up to $1,000 dollars.
FIA Card Services and other creditors must send you a written notice stating how much you owe within 5 days after first contacting you. The notice must reflect the name of the creditor you owe money to and what to do if the debt is not your debt or you have paid it. They must also identify that they are trying to collect a debt when they speak with you.
Collecting the Debt
A creditor can sue you to collect a debt. If they win a judgment in court, they can garnish your wages or your bank account. Wage garnishment is when your employer withholds part of your employment to pay your debt. Your bank must also honor a bank account garnishment by turning over funds in your bank account to pay the debt. You should not ignore a summons if you are sued by FIA Card Services or any other creditor. It is recommended that you speak with a debt settlement attorney.
If you are wondering what to do about debt collectors harassing you, then seeking an attorney can help. A debt settlement attorney can help you with debt settlement and can also represent you in a lawsuit if you have been sued for a debt that you owe. The attorney is knowledgeable about debt collection and debt settlement laws, and can answer your questions and explain your rights and legal remedies if your creditor is harassing you and has violated the Federal Fair Debt Collection Practices Act.