Are you currently being harassed by creditors? Did you know there are actually a lot of debt harassment laws that can benefit you?
At Berkowitz & Myer, we are experts when it comes to fraudulent debt harassment and collection practices, and we’re here to help. We know how upsetting and demeaning creditor calls can be. Here are some creditor harassment frequently asked questions:
What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act (FDCPA) allows you to sue debt collectors who unlawfully harass you, call you at odd hours, make false representations about your debt or otherwise act in was prescribed in the Act. There are so many ways debtors can unlawfully act, you’d be surprised.
What Types Of Debt Harassment Might Violate the FDCPA?
If your creditor has done any of the following, they might be in violation of the FDCPA and therefore, liable for debt harassment penalties:
- Call you every single day of the week.
- Contact your employer and/or talk to your boss about your debt.
- Sell your debt to another company for the purpose of collecting your time-barred debt.
- Bugging your neighbors and/or your family members about your debt.
- Use scare tactics that are designed to intimidate you into paying your debt.
- Saying that they are legal counsel and or an attorney/lawyer when they aren’t.
What things are you not required to do in regards to collectors?
- You don’t need to discuss anything with a collector unless you want to.
- You aren’t required to answer your phone, even if you have caller ID
- You aren’t required to speak with a collector, even if you answer the phone.
- You aren’t required to answer collector questions.
- You don’t need to be truthful about your financial and/or personal affairs
- You don’t even need to acknowledge that you owe money. This is very important if you are discussing an old debt. If you acknowledge the debt, you might actually extend the length of time the collector can sue you for it.
What sort of damages can I get under the FDCPA?
- You can get up to $1,000 for each case
- Statutory, punitive and actual damages
- Stress related injuries
- You can also have the debtor sue for your attorney’s fees!
If you’re being harassed by debt collectors and want to know your rights, contact the experienced lawyers at Berkowitz & Myer. We are here to help!