Debt Collector Harassment Claims
West Virginia Personal Injury Attorney
You have a legal duty to repay any debts you owe, and your creditors and debt collectors have the right to take actions to recover money they have loaned, but there are limits to how far they can go. Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1978 in recognition of the widespread abuses which were being perpetrated by debt collectors across the country, and you may be able to make use of this law to bring an end to the abuse, as well as recovering punitive damages. The Fitzsimmons Law Firm PLLC has more than 30 years of practice experience, and they have recovered well in excess of half a billion dollars in verdicts and settlements on behalf of its clients. A
West Virginia personal injury attorney from the firm is ready to fight for you in court.
Legal Regulations for Debt Collectors
The Federal Trade Commission (FTC) states that they receive more complaints about debt collectors than any other industry, and that in 2011 alone there were 140,036 - over a quarter of all the complaints they received. The FDCPA sets out clear guidelines to determine the conditions under which a debt collector may contact you, as well as the many behaviors and tactics which are forbidden.
Examples of actions which are prohibited include:
- Calling before 8:00 AM and after 9:00 PM
- Calling you at work, after you have made it clear that this is unacceptable
- Including your name on a published list of bad debts
- Making false threats of arrests or lawsuits
- Attempting to embarrass you, such as by sending items in the mail which clearly state that they are from a debt collector
- Continuing to contact you after receiving your written request to cease contact or a notice that you have retained the representation of an attorney
- Discussing the debt with third parties such as employers, co-workers and neighbors
- Using profane language
Consult a lawyer if a debt collector is harassing you!
If you can prove that the debt collector has violated any of the terms of the FDCPA, you may be awarded up to $1,000, plus attorney's fees, in addition to ending the harassment. You can begin the process of building your case by keeping notes and records of the times and dates when you received phone calls or letters, as well as the specific content of such communication. An attorney from the firm will work closely with you to assemble the necessary evidence to bring to support your claim.
Contact a personal injury attorney when you have decided to take action to protect your legal rights and want to pursue a settlement.