Is it Time to Sue Your Debt Collector?

Written by Alex Bach

While I’m sure most people would love to launch a suit on the first person to call them away from Christmas dinner to ask if they’re willing to make a payment on their debt, not every collection practice merits a lawsuit.

Some collection agencies follow all the rules set forth by the FDCPA (Fair Debt Collection Practices Act. Then again, some agencies do break them. So how do you know when the time comes for the appropriate legal action?

Not to worry, we’ve got the answers right here.


Know the Rules

The first thing you need to know are what a debt collection agency is and isn’t allowed to do. We’ve got a complete list of the rules debt collection agencies have to follow here, but we’ll just go through a few of the most common ones.

  • No profanity
  • No threats of arrest or legal action
  • Creditors cannot lie about who they are or how much you owe
  • Use social media to contact you about debts or retrieve your information
  • Publish accounts of your bad debt
  • Creditors can only call between the hours of 8am and 9pm

Having an understanding of the FDCPA’s rules means you’ll be able to keep your eyes and ears out for lapses or breaks in those rules. Knowing them will also help you become more confident when dealing with debt collectors.

Keep a Record

Once you find your debt collector breaking any number of these rules put it down on paper.  Keep a record of all illegal action on the part of your debt collector: what times they’re calling (if outside the window), any threats they’ve made, and illegal methods of contacting you (“friending” you on Facebook with a bogus account), etc.  Keep as detailed and accurate an account as possible, if you can record the conversations do that as well.  The more you have to back up your claim, the better off you’ll be in court.

And lastly…

Give Us a Call

We want to help you take these bad debt collectors down. If you feel your rights have been violated, even if you didn’t happen to write it down, give us a call at 877-735-8600.