The problem with many people, regardless of their profession, is ignorance, and in this case, both the debt collector and the consumer (debtor) may not understand what the law says about them, thus violation of law on the side of the collector and emotional stress on the side of the consumer. The FDCPA (Fair Debt Collection Practices Act) has it that any debt collection agency that harasses a debtor out-rightly breaks the law. This is why as a debtor, when a collector comes to you with any form of harassment, you can go to any length to get him sued and make him pay for his ignorance by bringing legal action against him through a well processed lawsuit. If your rights are violated by any debt agency through harassing letters or phone calls, under the FDCPA, the law protects you and allows you to receive monetary compensation for any damages incurred in the process.
As a Harassment Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley focused on helping people, my experience as a bankruptcy lawyer, has given me insight to the methods debt collectors use. These methods can go beyond aggressive, and several laws both federal statutes in the FDCPA and California state statutes in the Rosenthal Act specify what debt collectors can and cannot do including harassment.
The Scope Of Debt Collectors’ Harassment In Collecting Debt
Collectors are known to use various tactics and strategies to collect debt owe by a consumer. The first thing they do is to make contact with you either through phone calls, messages or letters. In all of these means of contact, they are not expected to use any form of harassment because you are protected by the law; giving you some legal rights, and are thus, advised to adhere to these rules. What and what are considered harassment by debt collectors?
- A repeatedly annoying call from them to ensure you pay the specified amount is considered as harassment.
- Too early and too late calls in the morning and night respectively. The law has stated that a debtor should not be called for debt before 8 in the morning and after 9 in the night. Any such action from a collector is a violation, and is regarded as harassment.
- Harassment can come from the use of threats, violence or any attempt to physically assault and harm you.
- You are also harassed when a debt collector uses any form of foul language on you because with harassment comes all sort of offensive language.
- By publishing your name among the people who refuse paying their debt, you have been harassed.
- Asking for additional fees or requesting you to pay a bill you have previously settled is another shade of harassment.
Any tactics, strategies and methods employed by a debt collector to unsettle and pressurize you into paying a debt is harassment, and such is a violation of the law that needs the attention of Harassment Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley
who will help you get all necessary compensation from a debt collector for his harassing behavior. The law does state the debt collectors may be made to pay you statutory damages of up to $1,000 for each violation against you, any actual damages you incurred, and your attorney’s fees and costs.
How Can I Curb Debt Collectors’ Harassment?
If you are a victim of the harassing behavior of a collector, there are some steps you can take to stop their violation of your right. They are:
Don’t hesitate to contact the Leventhal Law Group, P.C to sue a debt collector that has broken the law. Call 818-347-5800 for a free consultation today!
- Write them. You have the right to write the collector a detailed letter to stop getting in touch with you as it stands as harassment. He is expected to obey that letter/request under the debtors acts (FDCPA). While this is acceptable, you should try to settle each collector as they come by including each in your next budget should your present budget be tight. This will prevent filing for bankruptcy or disputing the debt because the longer it takes you to settle the debt, the more complicated it gets.
- Document harassment. If you want a reasonable proof before a court, you need to keep a log showing all illegal action displayed by the debt agency. This can be recording phone calls or other means of communication. Having a witness during your interactions is a bonus for you. As an experienced Harassment Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley, I have a special form for my clients to use in building their cases of harassment.
- File a complaint. You can proceed to filing a complaint with the FTC (Federal Trade Commission) or with me having successfully handled similar cases in the past. I often take these cases on contingency. I practically handle all types of debt collector harassment cases from mortgage payments, credit cards, medical bills, auto payments to personal loans. By representing you in cases against debt collectors, I take no up-front money from you, and you will owe me nothing unless I recover compensation for you.
- Send a complaint to your state agency. If you can send a complaint to your state’s agency, and also send copies to both collection agency and creditor, you are on the right track. A collector might plead with you to withdraw the complaint while he cancels the debt for you. This way, you avoid paying the said debt and the harassment stops.
- Sue the collector. You can go ahead and sue the debt collector with the assistance of Harassment Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley who specializes in suing debt collectors for illegal behavior and ensure you get justice and accompanying compensation.