How to Sue a Bill Collector for Harassment

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Did you know you can use a bill collector or credit agency for Fair Debt Collection Act violations? There are simply some things that are not allowed by law that happen constantly.  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?  This is harassment and illegal according to the  Fair Debt Collection Act.

Take Back Control

Wouldn’t you 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 tangible things happen, like losing your job or getting hurt or ill. When this happens, 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.

Bill Collector Harassment

The problem begins when cruel and abusive people try to collect this debt at any cost. I have heard of a collections agent telling people to sell their jewelry or car to pay their debts. These collection agencies may try to intimidate you.  You will be pressed to pay because 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 can pay off your debt.

How to Write a Cease and Desist Letter

If a credit agency is harassing you, you 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 desist and see examples of wording your letter.

How to Fix Traffic Tickets in Collections

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.

4 Reasons to Sue a Bill Collector

  • Re-posting Debt: The Credit Bureaus cannot put back an item removed from your credit report unless you are notified in writing within five days.
  • Failure to Correct: The Credit Bureau if they fail to correct an item on your credit report after giving them written proof. 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 to keep harmful items on your credit.

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 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 cannot call your friend or family about your debt. This violates the FCRA. The fine is $1.000.
  • Threats:  Debt collectors can not threaten you with a wage garnishment, arrest, or seizure 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 to keep it on your credit report for a longer period. The fine is $1.000.

2 Replies to “How to Sue a Bill Collector for Harassment

  1. I was put in a rehab institution and I cannot pay the bill of 1,300.00 dollars that is left to pay, the insurance and Medicaid, medicare will not pay for this service. This year September I was robbed, scammed from a lending club my ID FRAUDENTLY STOLEN. and two weeks later my car broke 300,000 miles on it. so I have no money for medications etc. we are both disabled and no help to get this bill off my back. I now have pre-cancer cells in my esophagus they are watching. heart trouble also. please help me if you can. Shirley Kanter

    1. Hi Shirley: All hospitals are willing to make payment arrangements with patients who do not have insurance. Call, the rehab center to set up a payment schedule. Also, contact National Jewish Health Financial Assistance. For help with meds contact Catholic Charities, Salvation Army. They will confirm you prescriptions and make payments directly to the pharmacy.

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