You Can Stop Debt Collector Harassment with a Free Lawsuit

By Kenneth Long on November 14, 2011

Are you annoyed by debt collectors making threats? You probably did not know that debt collectors are prohibited from threatening actions that they cannot take.

Just because a collection agency cannot threaten such actions doesn't mean that they follow the law. In fact, many debt collectors routinely violate federal and state collections law.

Sure they lose an occasional FDCPA lawsuit for violating terms of the Fair Debt Collection Practices Act. Yet, the gains from cheating are greater than the penalties for doing so. As long as most debtors are clueless to their rights, the abuses will continue.

For example, has a debt collector ever threatened to garnish your wages? In many states, this is not allowed. Therefore, a collection agent may not legally threaten a garnishment if your state does not allow wage attachment for private debts.

Other common abuses include threats of arrest or imprisonment. Perhaps the agent is using excessive profanity or other abusive language. They may be calling your home excessively or revealing the existence of your debt to employers or other third parties. All are illegal actions that can be the basis for a lawsuit.

Deciding to file a lawsuit is a serious decision, and normally one that can bring substantial upfront cost. Attorneys that specialize in FDCPA lawsuits can help you sue debt collectors without costing you a penny in attorneys fees. The fees are paid by the defendent in the case upon successful victory. If you lose, you owe nothing.

Therefore, it can pay to talk with an attorney if you believe your rights are being violated by an aggressive collection agent. The attorney can help you understand what actions are indeed violations as well as coach you on documenting the abuse. Such documentation can be important proof that the agent is violating your rights as guaranteed by collections laws.

Not every attorney has experience in filing these FDCPA lawsuits, so make sure you choose an attorney with a track record of successful lawsuits in these matters. Your debt could be offset with a victory against an abusive debt collector.

Most such cases generate a $1,000 civil penalty against the rogue collector. There are some extreme cases in which much more has been won by debtors, such as the $1.26 million won by a victim of wrongful garnishment of wages. Paying what you owe is always recommended, but that does not mean you have to take abusive treatment. Fight back for the rights you deserve!