It is very common for debt collectors to file a lawsuit against a debtor for attempting to resolve their debts through negotiation or for filing bankruptcy. Unfortunately, these tactics are often used in an attempt to terrorize debtors into paying. Many times the lawsuit is issued by a collection agency that targets many different consumers all at once. There are ways to fight back and win a lawsuit if you are faced with such harassment.
Collection agencies make up a great percentage of the debt collectors in this country and many times they target many different individuals through the mail and telephone.
These collection agents often use prerecorded voice messages to try to intimidate consumers. In some cases they will threaten to have people who do not pay them what they owe. In other cases they will just send intimidating post cards.
If you are contacted by debt collectors, it is important to know what your rights are under the federal and state consumer rights laws.
The laws clearly outline what types of behavior debt collectors are allowed to use. They also outline what types of behavior are not allowed. You can contact a consumer rights law firm at this point and see what resources are available to you to handle the situation. Usually they will file a complaint against the debt collectors on your behalf.
Once you are sure that the calls are coming from legitimate debt collectors, you need to take action.
If the collection’s agent cannot provide you with proof of authorization or identification, hang up the phone. Contact a local consumer rights law firm and see what resources are available to you. They will be able to help you file a complaint in either a civil or a criminal court case. It may even be necessary to file a RICO lawsuit against the debt collector.
Some states have laws that allow the courts to order debt collectors to cease and desist making phone calls once they are brought into civil court.
This is considered a broad rule of thumb because of how the phone harassment laws were passed in California in 1997. In one case, a judge ordered debt collectors to stop calling a California woman’s teenage daughter. The debt collector failed to show up and did not show up after several months. The judge found that the collector had violated the California Telephone harassment Laws.
The Internet is a great resource for gathering information on the telephone harassment laws in all states.
You can file a complaint and request an investigation into the matter. You can also get a lawyer to represent you if you think the debt collector is violating the law. If you are not sure whether or not you are a victim of debt harassment, you should contact a regional adjustment bureau for Memphis tn this matter.
