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DEBT COLLECTOR / CREDITOR HARASSMENT
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What is
Debt
Collector/Creditor Harassment?
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What are Bill
Collectors/Creditors prohibited from doing while attempting to collect
money from me?
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Why would I want to
bring a claim against a bill collector, she just hurt my feelings and made
me nervous?
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But what if I really owe
the debt they are attempting to collect?
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I don¡¯t
have any money, how can I afford to hire a lawyer to protect my rights?
What is
Debt
Collector/Creditor Harassment?
Debt Collector/Creditor Harassment
is prohibited by both Federal & Florida law. These laws exist to stop
abusive debt collectors and abusive creditors from using prohibited
collection techniques to collect debts. These laws also allow you, the
consumer, to seek damages against collection companies and creditors for
violations of these consumer protections. Additionally, these laws force
the offending bill collector/creditor to pay for your attorney if they are
caught violating your rights!
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What are Bill
Collectors/Creditors prohibited from doing while attempting to collect
money from me?
There are a
number of things that they cannot do. For example, they cannot:
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Threaten to use force or
violence against you if you don't pay;
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Threaten to contact or
actually contact (call or in person) your employer without obtaining a
judgment against your first or having your written consent to call;
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Damage your reputation (e.g.
reporting a debt on your credit report that is not yours or one that is
fully paid);
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Harass you, your family,
neighbors or friends by continuously calling your and/or their home phone,
cell phone, or place of business without your consent;
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Use profane or vulgar
language while attempting to collect a debt (e.g. calling you deadbeat,
loser, slacker, or use other profanity to intimidate you);
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Assert rights they don't have
(e.g. trying to collect money from you that you do not owe);
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Pretend to be attorneys when
they are not (e.g. calling saying they are from a ¡°legal department when
they really do not have one, or identifying themselves as Brian Smith,
Legal Department);
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State in a letter anything
that makes you feel like you are going to be sued by a certain date and
then they never sue. (e.g. pay by high noon this Friday or we'll take
legal action);
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Refuse to fully identify
themselves during a telephone call, or contact you between the hours of 9
p.m. and 8 a.m. without your consent; among other things.
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Why would I want to
bring a claim against a bill collector, she just hurt my feelings and made
me nervous?
Because under Florida and Federal law, you may be entitled to recover any
actual (out of pocket) damages that the bad bill collector/creditor may
have caused you. Recognizing that this type of damage may be difficult to
prove, the legislature has also determined that consumers may be entitled
to receive an award of up to $1,000.00 under Florida law and up to an
additional $1,000.00 under federal law if you prove that the bill
collector violated your rights even if you haven't been actually
damaged. You should also know that if the collector's conduct is bad
enough, the court may, in its discretion, award punitive damages and/or
prevent the collector from violating other people's rights through an
injunction.
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But what if I really owe
the debt they are attempting to collect?
It doesn't
matter. Nothing prevents bill collectors from collecting legitimate debts.
You as a consumer, however, are entitled to your privacy and to be free
from harassment and abuse even when you get behind in your payments. Even
creditors and bill collectors must abide by basic rules of human decency.
Just because you owe a debt does not mean that a creditor or bill
collector has a license to abuse you in any way. Florida and Federal law
protects you in this regard.
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I don't
have any money, how can I afford to hire a lawyer to protect my rights?
Thankfully, the legislature thought of this too. Both Federal and
Florida laws provide that, if you prove the
bill collector has violated your rights, the bill collector may have to
pay for your attorney's fees and court costs in addition to any damages.
Because of this, we are able to handle your claim on a contingent fee
basis where you do not pay attorney's fees up front. We ordinarily will
accept whatever a court awards as attorney's fees as full payment in full
of your attorney's fees obligation with us and attorney's fees are not
related to the amount you recover, they are separate.
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YOUR INITIAL CONSULTATION ON ANY
DEBT COLLECTOR/CREDITOR HARASSMENT MATTER
IS ALWAYS FREE
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