End Creditor Harassment in Alabama
Birmingham Attorneys Protecting Debtor's Rights
Even when you are badly in debt, you still have the right to be treated with dignity and in accordance with the law. Creditor harassment and debt collector abuse may be a violation of the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, you have the right to sue a creditor or debt collector who violates the law by harassing you or making threats. There is a time limit on these civil lawsuits, however. You have one year from the date of the violation to file in state or federal court.
If you win your creditor harassment lawsuit, you may recover money for the actual damages you have suffered plus an additional amount up to $1,000. Your court costs and attorney's fees will be paid for by the creditor or debt collector if the court finds that they were in the wrong.
If you need help stopping creditor harassment or debt collector abuse, contact a lawyer with extensive experience and a real passion for helping people in times of trouble. Contact our office, the Lindsey Law Firm, in Birmingham today for a free consultation.
Protection from Creditor Harassment and Abusive Debt Collectors
If you feel that you are being treated unfairly, if you're contacted at all, we want to know. There are subtle methods that some debt collectors will use to put pressure on you. Some of these violate the law and your rights as a consumer. For example, debt collectors may not:
- Make any threats of violence or harm or even imply a threat
- Call or contact you incessantly
- Attempt to collect a debt from you that is not yours
- Publish a list of consumers who refuse to pay their debts (except to a credit bureau)
- Use obscene or profane language
- Contact third parties such as friends, neighbors, relatives, your employer or your church to discuss your debts
False Statements by Debt Collectors Break the Law
Debt collectors may not use any false or misleading statements when collecting a
debt. For example, debt collectors may not state or imply that:
- You will be arrested if you do not pay your debt
- They will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so
- A lawsuit will be filed against you, when such action legally may not be taken or when they do not really intend to take such action
Debt collectors also may not give false credit information about you to anyone, including a credit bureau (see unfair credit reporting) or send you anything that looks like an official document from a court or government agency when it is not (see unfair debt collection).
In short, debt collectors may not harass, oppress or abuse you or any third parties they contact. Under federal law, there is a big difference between what a creditor can do and what a debt collector can do. For honest answers and the help you need to fight creditor harassment in Alabama, contact our office in Birmingham today for a free and informative consultation.
Call the Lindsey Law Firm Today at 205-588-2896
