At some point, most adults will incur some type of debt. Some debt is a good thing. Without it, most people would never be able to buy a home, a vehicle, or make other big purchases. Sometimes though, people incur too much debt and they soon find it becomes unmanageable. Creditors and debt collectors do have a right to try and collect on the debt, but there are certain actions they are prohibited from taking. If you are being harassed by debt collectors, or you have received notice that a lawsuit has been filed against you, now is the time to speak to one of our Davie, FL debt attorneys.
The Law Protects You from Harassing Debt Collectors
Struggling with an enormous amount of debt that you cannot repay is bad enough. You do not need debt collectors harassing you with constant phone calls or abusive or threatening language. Fortunately, the Florida Consumer Collection Protection Act (FCCP) and the Fair Debt Collections Practices Act (FDCP) both protect borrowers from these unfair actions. Under the Act, debt collectors are prohibited from the following:
- Calling borrowers before 8:00 a.m. or after 9:00 p.m.
- Contacting borrowers at their place of employment
- Using foul language or profanity
- Revealing information about a borrower’s debt to another person, such as family members, friends, roommates, and co-workers
- Knowingly and intentionally representing themselves as a lawyer, or as being affiliated with a law firm, when they are not
- Threatening repossession, a lawsuit, or wage garnishment when the debt collector has no intention of pursuing these legal avenues or has no right to do so
- Continuing to contact borrowers repeatedly even after being asked multiple times to refrain from doing so
- Attempting to collect on a debt that has been previously settled, waived, or discharged
- Trying to collect a debt the borrower did not incur or asking the borrower to repay a higher amount than what is owed
- Using verbal or physical threats or actions when trying to collect on the debt
- Contacting borrowers directly when they are represented by a debt defense attorney
- Other conduct that could be considered harassment or abuse
What to Do if You are Being Harassed by Debt Collectors
If you are being chased by debt collectors, even just hearing your phone ring can be distressing. You may not know how to make the calls stop, or what to do next. There are steps you can take if you are being harassed by debt collectors and they include:
- Confirm that the debt is consumer debt: The FCCP and the FDCPA only apply to consumer debt. If your debt is a commercial or business debt, the laws do not apply to it. Consumer debt is that which was incurred primarily for family, household, or personal purposes.
- Determine if you can file a lawsuit: If a debt collector has violated either the FCCP or the FDCP, you can file a lawsuit against them. Both laws allow you to claim the actual damages you sustained, up to $1,000 in statutory damages, and your attorney’s fees. For example, if you lost your job because a debt collector constantly called you at work, you can sue for your lost income as well as the $1,000 in statutory damages and legal fees.
- File a complaint: You may be able to file a complaint with the Consumer Finance Protection Bureau (CFPB) or the Federal Trade Commission (FTC). A Davie, FL debt attorney can advise on the best action to take.
What to Do if a Lawsuit has Been Filed Against You
Sometimes, a debt collector will not only harass you, but they will follow through with legal action and file a lawsuit against you. There are steps you should take in these instances, as well. They include:
- Respond to the lawsuit: The biggest mistake borrowers make when they are notified of a lawsuit is ignoring it. You do have an opportunity to respond, but that time is limited. If you do not respond within the required time, you will likely lose your right to defend yourself and the debt collector will likely automatically win their case.
- Do not accept responsibility for the debt: You should never admit that you are responsible for the debt, or the amount, any creditor or debt collector says you owe. Instead, you should force them to prove that you owe the debt and that you are responsible for the amount they are claiming.
- Challenge the debt collector’s standing: By the time you are notified of a lawsuit, your debt has likely changed hands many times. The company that is suing you may not have legal standing, or the right, to sue you. By forcing them to present documentation showing they own the debt, it can prove they do not and therefore, the lawsuit may be dismissed.
- Check the statute of limitations: Debt collectors only have a certain amount of time to file a lawsuit against you. In most cases, this is five years from the last date that you made a payment. This is the statute of limitations and if the time limit has expired, the debt collector has lost their legal right to sue you.
Before taking any of the above actions, you should always speak to a Davie, FL debt attorney. A lawyer will be able to help you respond to the lawsuit, file a countersuit, and prepare any defenses that may be available in your case.
Call Our Debt Defense Attorneys in Davie, FL for Help with Your Case
If you are struggling with debt, or a debt collector has notified you of a lawsuit, it is important to remember that you have legal options. At Loan Lawyers, our Fort Lauderdale debt defense lawyer can advise you about what those are and prepare a strong defense that will give you the best chance of a positive outcome. Call us now at (954) 523-4357 or contact us online to schedule a free consultation and to learn more about how we can help.
