Did you know that you can sue a bill collector or credit agency for violations of the Fair Debt Collection Act? There are simply some things that are not allowed by law, that happen all the time. Have you ever heard of a collections agency calling family members, your job, or friends telling them you owe money? Have you had a creditor threaten you or call you at all hours of the day and night? Well, this is harassment and illegal according to the Fair Debt Collection Act.
Wouldn’t you just love to take back control of your life and sue abusive credit collectors? Then you can use the money they have to pay you, to pay off your debts! You don’t have to worry about collectors if you are always on time with your credit card payments and other bills. However, we live in the world and real things happen like, losing your job, or getting hurt or ill. When this happens make sure to make arrangements and keep up with them. Not paying on time will result in bad credit. Repairing your credit may take time and hard work, but it can be done.
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Bill Collector Harassment
The problem begins when cruel and abusive people try to collect this debt at any cost. I have heard of people being told to sell their jewelry, or their car to pay their debts, by a collections agent. These collection agencies may try to intimidate you. The reason you will be pressed to pay is, that they get a commission, and if they do very well a bonus on all they have collected that month.
When a creditor has tried to receive payment and fails, they send that account to a debt collector. They get paid to collect on behalf of the original debt. It is not a problem to receive a call from a creditor to try to set up a payment schedule with you or to find out when and if you will be able to pay off your debt.
How to Write a Cease and Desist Letter
If you are being harassed by a credit agency, you have can write them a letter requesting that they stop bothering you by contacting friends or neighbors trying to contact you. Calling late at night or sending threatening. This letter should be copied and sent by certified mail. Find out more about cease and desist and see examples of how to word your letter.
Reasons to Sue a Credit Bureau
Though most credit bureaus try to work on your behalf, they are not exempt from breaching FCRA laws. Here are some $1,000 offenses you can sue the credit bureau for.
- Re-posting Debt: The Credit Bureaus cannot put back on your credit report an item that is removed unless you are notified in writing within 5 days.
- Failure to Correct: The Credit Bureau if they fail to correct an item on your credit report after giving them written proof to the contrary. The charge for this is defaming your character and willful injury. The courts will determine the judgment to be paid.
- Failure to Respond: The credit bureau must contact you within 30 days of a dispute. They are however allowed a 15-day extension.
- Re-Aging Debt: A Credit bureau and not re-age your debt in order to keep negative items on your credit.
Reasons to Sue a Bill Collector
Harassment: According to FDCPA, you can sue a bill collector for harassment. Harassment would include constant calling after being told to stop and threatening with physical financial retaliation. If found guilty the judgment against them is a whopping $1,000.
- Injury to your credit history: Bill collectors can not pull your credit report without permission.
- If you discover on your credit reports: that someone has pulled your credit report without written permission.
- Failure to report a dispute: If you dispute a debt with a creditor and they fail to notify the Credit Bureau according to FCRA Section 623 you can sue and if found guilty receive $1000
- Harassment: You can sue a collection agency if they call you after 9:00 PM and before 8:00 AM. The fine to be paid to you is $1,000.
- Defamation: Bill collectors are not allowed to call your friend or family about your debt this is in violation of the FCRA. The fine is $1.000.
- Threats: Debt collectors can not threaten you with a wage garnishment, arrest, or seizing of your personal property. If found guilty the credit agency must pay you $1,000.
- Cashing a Post-Dated Check: It is illegal for collection companies to cash a post-dated check before the date on the check. The fine is $1.000.
- Re-Aging Debt: A debt collection agency can not re-age your debt for the purpose of keeping it on your credit report for a longer period of time. The fine is $1.000.
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