Sue LVNV/CACH for Debt Collection Harassment

If you have been harassed by any debt collection company, it is important to know they may have broken the law. When that is the case, you can file a lawsuit against them to recover certain damages. Filing your own lawsuit against any debt collector who uses harassing or threatening tactics is important. Not only will it ensure you are not the victim of such tactics again, but it will hold the company accountable and help ensure they do not take such action again.

Two debt collection companies that are often named in harassment lawsuits are LVNV/CACH. If you have received letters or phone calls from this company and you believe they were harassing you, there are things you can do to make it right. Below, our Florida debt defense lawyer advises on what those are and can help you through the process.

What is LVNV/CACH?

LVNV is a debt collector that is based out of Charleston, South Carolina. Even though they are not based in the state of Florida, they still file thousands of lawsuits against Floridians, and against other borrowers throughout the country, every year. LVNV Funding also works with Resurgent Capital Services to collect on their debt.

CACH, on the other hand, is a debt collection company based out of Denver, Colorado. This debt collector also goes by the name SquareTwo Financial. Regardless of whether you have been contacted by LVNV or CACH, they are likely trying to collect on a debt. Both of these companies, and other debt collectors in Florida, purchase debt from banks, credit card companies, healthcare providers, and more for pennies on the dollar. Once they have bought the debt, they can then try to recover the whole amount. Any difference between what they paid for the debt and what they are able to recover is then pure profit for them.

Credit Reporting Errors Involving LVNV and CACH

Many people think that when LVNV, CACH, or other debt collectors sue them or report them to the credit bureaus, the information they provide is accurate. These companies have been known to make mistakes though, and that includes reporting borrowers to the credit bureaus when they do not have the right to do so.

If LVNV or CACH has wrongfully foreclosed on you by reporting you to any credit bureau, such as TransUnion or Equifax, you do have the right to file a dispute with the bureau. The credit bureau will conduct an investigation, forward all documents to the debt collection company, and report back to you with the results. The only exception to this is when the credit reporting agency determines that the dispute is frivolous. Even when that is the case, the bureau must notify you within five days that they have made that determination.

If the credit reporting bureau finds that the information is inaccurate, the debt collector will have 30 days to remove the information from your report. If they do nothing to correct the error, you may then be able to file a lawsuit against the debt collector. A consumer debt lawyer can help you file this lawsuit and provide the sound legal advice you need.

Suing for Violations of the Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is federal legislation that governs the actions of debt collectors such as LVNV and CACH. The law was enacted to ensure that debt collectors treated borrowers fairly and respectfully when they were trying to recover the debt owed to them.

Just a few of the acts that are prohibited under the law include:

• Threaten you with legal action, negative credit reporting, or garnishing your wages without actually intending to carry out those threats
• Contact anyone who does not owe the debt and speak to them about the details of it
• Contact your employer or contact you at your place of employment if you have asked them not to do so
• Call at unreasonable times, such as before 8:00 in the morning or after 9:00 at night
• Use obscene or profane language during phone calls with you
• Send letters of collection that appear to be from a government office or from a court

You can file a lawsuit against any debt collector who has broken the law and harassed you. However, it is essential that you confirm the debt collector has violated the law before you file your lawsuit. If a court believes you filed the lawsuit in bad faith, that is while knowing the debt collector did not commit any violations, a judge will not look kindly on you and that will hurt your case.

It is for this reason that it is critical you collect as much evidence as possible before filing your lawsuit. This evidence may include harassing letters the debt collector has sent you, and detailed notes about conversations you have had with the debt collector and what was said during those discussions. Without this evidence, even a legitimate lawsuit may be dismissed, which will mean you will not receive the damages you are likely entitled to.

Damages Available in Debt Collection Harassment Lawsuits

If you file a lawsuit against a debt collector such as LVNV or CACH and are successful, you may be able to recover certain damages. You can pursue damages for any losses you actually sustained. For example, if your employer fired you because the debt collector would not stop calling the place of business, you can pursue damages for your lost income.

The law also allows you to claim $1,000 in statutory damages if a debt collector harasses you. These damages are in addition to the compensation you can recover for your actual losses.

Our Consumer Debt Lawyers in Fort Lauderdale Can Help with Your Lawsuit

Whether you are defending yourself in a lawsuit filed by a debt collector, or you need to file your own on the grounds of harassment, our Fort Lauderdale debt defense lawyers can help. At Loan Lawyers, we have helped thousands of clients successfully beat their debt collection lawsuits and obtain the damages they deserve and we want to help you, too. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.