Fight Back Against Debt Collectors

Debt collectors can strike fear in the hearts of anyone who has fallen behind on their bills. Dealing with daily collection calls can compound the stress, guilt and fear you already feel when dealing with a financial hardship. Contrary to popular belief, the majority of consumers who have fallen behind in recent years are not simply lazy or dishonest citizens trying to get one over on the lender by not paying their bill. While these people certainly exist, a large number of people are struggling due to the economy and want to pay their debt but find themselves in a position where they cannot. As this number increases, debt collectors have stepped up their game in an effort to collect outstanding debts. Creditors have every right to use collection methods to recoup delinquent payments, however debtors also have rights they should be aware of to ensure they are not being violated. When these rights are violated you have the groundwork for a lawsuit against the debt collector.

When can you sue a debt collector?

Before you file a lawsuit, it is important to remember that this action might not always be in your best interest. For this reason you should be absolutely sure your rights have been violated and that any potential fallout will be worth the lawsuit. In some cases, people have filed lawsuits and failed to appear before the judge which can result in a judgment against the you, only increasing your financial burden versus reducing it. Another factor to consider is the statute of limitations in your state for debt collection. If they have not expired, you might find yourself on the receiving end of a summons for the full amount of money owed to the debt collector. With these factors in mind, you can consider suing a debt collector if they have violated any rights covered in the Fair Debt Collection Practices Act. These include but are not limited to; harassment, illegal threats, inappropriate contact, misrepresentation and other unfair practices.

If you are familiar with the Fair Debt Collection Practices Act and have proof that a debt collector has violated your rights, you may have the evidence necessary to win a lawsuit against them, but remember this step might open the doors to legal action being taken against you as well.

In an ideal world, there would be no need for debt collectors as everyone would be able to pay all of their bills all of the time. Unfortunately this is not the case and as a result of financial hardships, some consumers find themselves struggling to catch up with back payments. Knowing that you have rights as a debtor can level the playing field when dealing with aggressive collection tactics, however use caution before taking actions that might end up causing more harm than good.