by Sean Payne

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, also known as the FDCPA, defines specific practices in which debt collectors may not engage. According to the FDCPA, you have the right to sue a collector in a State or Federal court if they engage in any of these forbidden practices.

What are the forbidden practices that debt collectors may not engage in?

The first of these practices is harassment. The FDCPA defines harassment as using “threats of violence or harm”, annoying somebody through repeated telephone calls, or using 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 cannot publicize that you owe money on a debt. They’re not allowed to contact other people about the debt you owe, contact you with a postcard (since a postcard can be read by anyone), or publish a list of people who owe money on debts. They are only allowed to contact other people about your debt if they need to find out your phone number, place of employment, or address.

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

If this happens, you should first inform the debt collections agent that you know your rights under the FDCPA, and that they have to stop their illegal actions. Nine out of ten times, this will fix the problem without you having 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.

Keep in mind that just because the debt collector violated the law in trying to collect your debt, the debt does not just disappear if you actually owe it. Their violation of the law only entitles you to sue them under the FDCPA.

Know the law. Know your rights. And if your rights are violated under law, make sure you use the law to enforce your rights.

About the Author:
Sean Payne has learned from the school of hard knocks about getting out of debt. After paying off his own debt, he spent several years learning all he could about how to pay off massive amounts of debt. Check out Sean’s fascinating e-course about how to sue debt collectors and get out of debt, quickly and easily.

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