Can You Sue A Debt Collections Agency??????
Posted on
June 18, 2009
at
11:16 pm
I AM SICK AND TIRED OF HEARING FROM THESE PEOPLE ALREADY!!
Posted on
June 19, 2009
at
12:56 am
What are the grounds for your lawsuit, Mr. A-Z? Could you fill us in on the situation?
Posted on
June 19, 2009
at
1:29 am
well they call me ALL DAY and EVERY DAY, even on weekends and holidays. it's sick!!!!!!1 as early as SEVEN in the morning they call me! they have contacted my AILING mother in NE and told her that they were going to her house and take it!!!Shouldn't there be a law protecting me from this kind of harrassment??>?
Posted on
June 19, 2009
at
2:30 am
Mr. A-Z I am so sorry to hear about your situation. And yes, there is a law that protects consumers from unfair and harassing practices from debt collectors. It's called the Fair Debt Collection Practices Act. It covers a wide range of consumer protection policies, including your privacy as a consumer, as well as how debt collectors should be conducting their business.The FDCPA includes a provision on calling hours; they are only allowed to call between 8 A.M. to 9 P.M. at your time zone. You specifically mentioned that you were contacted at 7 in the morning, and that in itself is a grounds for a complaint. After all it is a violation of federal law. . .
Posted on
June 19, 2009
at
3:18 am
You also said something abt them contacting your mom in NE. Did they tell your mother about your debt? That's also another violation of your rights as a consumer. As Karess said, the FDCPA also includes a provision abt your privacy. Debt collectors are not authorized to disclose information on your debt to third parties. They can contact them but only for fact-finding purposes, like to ask for your location information and contact numbers; anything other than that is not necessary, and against the law.
Posted on
June 19, 2009
at
4:36 am
They also cannot make statements that they do not intend to follow through on--as in this case, the threat to take your mother's house. It is a grounds for you to file a case against them.How long ago was this done, Mr. A-Z? Because you can file for a complaint in claims court (if I'm not mistaken) within a year from the time the incident occurred
Posted on
June 19, 2009
at
4:53 am
Oh, and sorry for the double post--if you win the case, court costs and attorney's fees may also be reimbursed in your favor. You also need to have evidence in court when you intend to file the case. If I'm not mistaken, you can also record the calls that they make towards you--unless you live in the state of California, where that's considered a violation of law. Make notes on the times and dates that the debt collectors called you that early. You may also ask your mother to do the same, since you said that she received threats from these individuals.
Posted on
June 19, 2009
at
5:21 am
Thank You for all these, I feel a lot better now. I am tempted not to pay for my debts any longer because of this hassle I have to go thru every single day. To tell you the truth I am on the verge of filing for bankruptcy. I've told that to these guys but they dn't believe me
Posted on
July 7, 2009
at
2:19 am
Hey Mr A-Z, hope you're still checking back on this forum. Have you filed for bankruptcy at this point? While it may be a good way for you to be able to get rid of your debts, it may prove to be more disadvantageous in the long run. A Chapter 7 bankruptcy, for one, stays on your credit report for ten years, while a Chapter 13 bankruptcy will remain on your file for 13 years. You may also have more difficulty applying for credit in the future in the event that you would need it, because lenders are more wary about bankruptcy filers in reference to meeting their obligations.If anything, you should consider it as a last resort.
Posted on
July 10, 2009
at
3:14 am
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