Fighting Unfair Debt Collection Practices In Court

Debt collection agencies are not allowed to do as they wish in order to collect money. They are restricted by what's known as the Fair Debt and Collection Practices Act, otherwise known as the FDCPA. This act outlines the whens and hows a collector can contact the debtor. Zealous actions that violate the act are actionable in court, allowing the debtor to collect a reward.

Gathering Evidence for a Lawsuit

A debtor can politely request that the collector back off. This can be done by phone but should be immediately backed up in writing.Make sure to send all mailed correspondence with a return receipt to show that the request you wrote were received. Most of the time this is sufficient to get the collector to back off. If they don't stop calling per your request and engage in other activities that are violating your rights under the FDCPA, you've got a case. Keep a log of every conversation that includes time and date of call. Phone calls can be taped if you're so inclined. You do need to notify the other party that a recording is being made. There are some states that waive the notification but you're better safe than sorry.

Each individual violation of the FDCPA can result in a reward of up to $1000 as well as having the lawyer fees paid. There is also the potential to sue under the Fair Credit Reporting Act if the collection agency is playing fast and loose with reporting information to the credit bureaus. Violations of the FCRA do not have a limit. Technically there are no limits as payment is determined by damages suffered by the party who has been wronged.

Understanding the FDCPA

It is in the debtors best interest to read through the FDCPA. It provides everything that a debt collection agency cannot do to get the debtor to pay up. The FTC provides a shorthand version of the act at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm. Here you will find relevant information on how to handle a collector in court as well as what you are allowed for a financial reward.

Consider Legal Assistance

An attorney who's experienced in debt collection practices can assist the debtor with their defense. Bringing a successful suit may require putting in some time to prove the case. This is where it becomes advantageous to hire an attorney. They'll know what you need to bring to the table as evidence of abuse and guide you through the entire process.