Do you think your creditors are using unfair debt collection practices against you? If so, ask yourself the following questions:
- Are debt collectors hounding you?
- Does the debt collector call you throughout the day?
- Have your employer or relatives been contacted by debt collectors?
- Did the debt collector threaten you or use profane language?
- Has your experience with creditors made you feel humiliated?
- Did a debt collector lie, deceive, or mislead you about your account balance?
If you answered yes to any of these questions, then you may have been subjected to unfair and illegial collection practices against you. There are steps you can take to make this harassment stop. In some cases, you might even be able to recover statutory damages of up to $1000 and any actual damages plus attorneys fees and costs. In this blog, we explain how to assert your rights to protect yourself from debt collectors.
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Know Your Rights
Read about the Fair Debt Collection Practices Act to find out how the FDCPA applies to your debt and what actions debt collectors are prohibited from taking. Review the information about debt collection practices on the websites for the Federal Trade Commission and the Consumer Financial Protection Bureau. Keep in mind that the FDCPA only applied to consumer debts, taken for personal and household purposes.
Be Calm & Deliberate
When dealing with debt collectors, always take the high road. Debt collectors usually work on commission, which means they are highly motivated to get as much money from your pockets as they possibly can. Some of these collectors will employ intimidation tactics, especially if they assume the debtor doesn’t know their rights.
Don’t be tempted to lash-out against a debt collector. Keep an even demeanor and don’t make any promises you can’t keep. Be honest and don’t attempt to intimidate them. Assume that your conversations are being recoreded, so if the collector gets riled up and you remain calm, you come out looking better.
Keep Good Records
Debt collectors generally use postal mail and the telephone to contact borrowers. Keep all correspondences and documents related to your bank accounts and financial statements.
Whenever you speak to a collector over the phone, get their name, call back number, and the company they work for. Take notes on your interaction, your notes will come in handy when you make a formal complaint or file a lawsuit. You should consult with an attorney about the laws in your state to determine if you can legally record the calls you get from debt collectors.
Talk to an Attorney
If you are being harassed by debt collectors, you should speak with an experienced lawyer to discuss what legal options are available for you. A lawyer can collect evidence of your harassment and help you file a lawsuit against them. Our team at the Law Office of Simon Goldenberg PLLC is standing by to address your concerns.
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At the Law Office of Simon Goldenberg, PLLC, we help clients obtain the justice they deserve. Our legal team is committed to protecting your rights and we are prepared to fight for you. Contact our New York debt relief attorney to schedule your free case evaluation today.