The Fair Debt Collection Practices Act (FDCPA), which is a federal law, spells out certain consumer rights that protect individuals from abusive debt collectors. If you think that there is a chance you may have been the target of abusive debt collection practices, you might consider talking to a credit lawyer about suing the debt collector in Fairfax. It is important to keep meticulous records of your correspondence with the debt collector. Your credit lawyer will need this information in the event that a claim is filed.
The debt collector has threatened violence or other consequences.
It is unlawful for a debt collector to threaten violent actions against you if you do not pay the debt. Similarly, debt collectors are barred from threatening other dire consequences, such as having you arrested and pressing criminal charges. They may not threaten wage garnishment unless they have already obtained a judgment against you. In fact, debt collectors cannot even threaten to file a lawsuit; however, they can inform you that they will file a lawsuit if they truly intend to do so.
The debt collector has used abusive language.
It is illegal for debt collectors to use profane, obscene, or abusive language when corresponding with you. Abusive language includes hateful language such as racial slurs. If you do encounter abusive language, you can inform the debt collector that you will be recording the conversation.
The debt collector has made unreasonable calls.
Another sign that you have been targeted by an abusive debt collector is that the agency has made numerous calls in an attempt to harass you. There is no set limit on how many times within a certain time period a debt collector is allowed to contact someone. Make a record of each call you receive, along with the date and time. It is left to the discretion of the court to determine if the number of calls constitutes harassment. Similarly, debt collectors are barred from contacting consumers before eight in the morning and after nine in the evening, unless consumers have specifically instructed the debt collectors to call at these times.