Why You Should Sue a Debt Collector

If you owe a lot of money, you’re probably worried about a debt collector suing you for not paying them. But did you realize that there are actually many reasons for which you can sue them instead?

Keeping in mind that I’m not a lawyer, and am not giving any legal advice whatsoever, here are the facts:

The Fair Debt Collection Practices Act, or FDCPA, outlines specific behaviors in which debt collectors are forbidden to engage. According to this law, if a collector does engage in these forbidden practices, you may have the right to sue them in a state or Federal court.

So, what debt collection practices are debt collectors forbidden to engage in?

The first of these forbidden practices is harassment. Harassment is defined by the FDCPA as the annoying somebody by making repeated telephone calls, using “threats of violence or harm”, or the use of obscene language.

Another forbidden practice is making false statements. The FDCPA forbids debt collectors from lying to try to collect a debt. Examples of this include falsely claiming that they are attorneys or that they represent the government, lying about how much you owe them, or falsely stating that your outstanding debt makes you a criminal. Debt collectors have a long history of saying what they have to in order to collect on a debt, including outright lies and subtle misrepresentations.

Debt collectors also may not make public the fact that you owe a debt. This includes contacting other people about your debt, publishing a list of names of people who have outstanding debts, or contacting you via postcard. The only instance in which a debt collection agency can contact other people about your debt is in order to find out your current address, phone number, or place of employment.

So, what happens to a debt collector if they break the rules and engage in one of these forbidden practices?

If this happens, your first action should be to tell the debt collector that you know your rights under the FDCPA, and that you demand that they cease their illegal actions. Most of the time, this will fix their misbehavior without you needing to use legal action.

If that doesn’t work, however, you have up to one year from the date that they violated the law to sue them in state or Federal court. You can sue the collector for any damage that you can demonstrate you suffered because of their collection practices, such as medical bills or loss of wages.

Even if you can’t prove that they caused any actual damages, the judge can still require that they pay you up to $1000. In addition, the judge can require them to reimburse you for your attorney fees.

Remember that just because the debt collections agent broke the law while trying to collect money from you, it doesn’t mean that the debt disappears. If you still owe the debt, you still have to pay the debt. The only difference is that their breaking the law means that you can sue them under the FDCPA.

Make sure to know the law, and be aware of your rights. If anyone violates your legal rights, make sure you enforce your rights.