Your Rights under the Fair Debt Collections Practices Act.

The Fair Debt Collections Practices Act (FDCPA) protects you against overzealous creditors.  Specifically, the FDCPA prohibits creditors from making false, unfair, or harassing statements in connection with attempts to collect a debt.  The FDCPA covers the collection of mortgages, credit cards, medical debts, and any other debt incurred for personal, family, or household purposes. Under the FDCPA you may be able to sue abusive debt collectors who do any of the following:

  • Threaten or harass you
  • Use profane or abusive language
  • Call during odd hours, such as before 8:00 am or after 9 pm 
  • Make false or misleading statements about the debts they are collecting
  • Threaten to sue you when they have no intent to do so
  • Try to collect on a debt that is not valid
  • Contact third parties (parents, siblings, employers, co-workers, etc.) regarding your debt
  • Threaten criminal charges if you do not pay the alleged debt
  • Leave a message on an answering machine without stating that it is an attempt to collect a debt
  • Continue to make collections efforts after you have advised them to stop
  • Threaten to garnish wages without first informing you that they must file a lawsuit and get a judgment to do so

If you have experienced any of the above injustices, damages for FDCPA violations could be awarded up to $1,000 plus attorney’s fees and actual costs.  If you are being harassed by a debt collector, it is important to keep a good record of the harassment.  You may want to consider keeping a call log, saving voicemail messages, and saving any documents you receive from debt collectors.   FDCPA claims are subject to a one (1) year statute of limitations, meaning you only have one (1) year from the date of the violation to file a lawsuit. 

If you believe you have an FDCPA claim, contact Marsalka Law, LLC.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.