Debt collectors are in the business of making money, which means they may go to extreme lengths to extract money from you. If you are monetarily indebted to a company, they have a legal right to try to obtain that money. Most businesses will use a debt collecting agency to try to obtain any funds that another party has failed to pay them. However, many debt collectors go far beyond what is considered legal. If you have ever been harassed by a debt collector, you most likely know how frustrating and stressful it can be. Some debt collectors misrepresent themselves and provide false information, although this is illegal due to the Fair Debt Collection Practices Act. If you feel that you had been the victim of harassment or oppression from a debt collection agency, you may be wondering whether or not you can sue. If a business has utilized a debt collection agency that has acted in an illegal manner, you have a right to sue that company. Here are some considerations to make before you file legal paperwork.
Study the Laws
If you think you have been harassed by a debt collection agency, you should first familiarize yourself with the actual laws that are currently in place. This information is readily available online and will give you an idea as to whether or not your case holds any water. If it is apparent that the debt collection agency has stepped out of bounds, you can start to create documentation of each incident. While most debt collection agencies are known for utilizing phone calls in an attempt to collect, they may repetitiously call and harass someone. A debt collector may use profane language and speak in a threatening manner, or maybe even threatened violence if debts are not paid. While this is an extreme example of harassment, these phone calls do take place from time to time. If something of this nature has occurred, it is a clear indication that you may need to take legal action. It is also incumbent upon the debt collection agency to reveal who they are when they call you. If you get calls from a debt collector who will not reveal their true identity, you may be in a position to take legal action. If you are unsure whether or not you have been harassed, familiarize yourself with current laws that are in place.
Create documentation
It is extremely important to create documentation and have this information readily available for your lawyer. If you are unable to prove that you were harassed, you are going to have a tough time winning a legal case in court. Even if you have been subjected to harassment, it is incumbent upon you to prove that this actually transpired. If you are getting regular calls from debt collectors that are of a harassing nature, it is a very good idea to start recording each phone call. Additionally, if you are able to get some proof on tape of illegal activity, it gives further credence to any incidents you may have documented from the past.
Talk to a Professional
If you decide that you want to pursue legal action, you are going to have to get yourself an attorney. The more information you provide them regarding your case, the better they are going to be prepared to win your case in court. More often than not, your case is going to come down to what you can prove, so make sure you have sufficient evidence for your claims. Consulting with a lawyer will also let you know whether or not you have a strong case, as most lawyers are unwilling to take cases that have a propensity for failure in court. Another option you may want to consider is simply making good on your debts. You might want to consult with a company such as Pacific collection Group, who may be able to make your debt more manageable. Utilizing Pacific collection Group is a great option for anyone that wants to avoid the hassles that come along with going to court. If you do decide to sue a business for their debt collection practices, it is likely going to cost you a lot of time and money. It can also be extremely stressful fighting a legal battle, which may wind up putting a lot of strain on your life. In many cases, it is much more beneficial and practical to simply work with a debt collection agency. Many collectors are more than willing to come to an agreement regarding debt payments.