Whether you owe a debt or not, receiving constant calls, knocks on your door, and threats from a debt collector can be an incredibly unpleasant experience. Unfortunately, many assume that because they are in debt, they do not have rights when it comes to collection efforts. However, this is far from the truth, as there are laws in place to protect consumers from this behavior. The following blog explores what you must know if you are being harassed and how a San Diego County debt collection harassment lawyer can help you through these challenging times.
What Constitutes Debt Collection Harassment?
There are strict rules surrounding third-party entities that collect debt on behalf of others. These are outlined in the Fair Debt Collections Practices Act (FDCPA), which limits the actions of collectors. Examples of FDCPA violations include, but are not limited to, the following:
- Calling before 8 a.m. and after 9 p.m.
- Repeatedly calling in a short timeframe
- Calling you at work after you’ve informed the collector you cannot receive personal calls at work
- Impersonate a member of law enforcement or an attorney
- Threaten to arrest you
- Speak to anyone other than you or your attorney about the debt owed
- Publish your name as a debtor
- Refuse to validate the debt allegedly owed
It is important to note that you cannot enlist the assistance of the police to handle constant communication from a debt collector. The only time they can assist is if the collector physically or verbally threatens you or your family.
What Should I Do When a Debt Collector Violates the FDCPA?
If you are being harassed by a debt collector, you may experience several issues as a result. Whether this is anxiety, depression, job loss, or humiliation, this can impact your life. As such, it’s essential to know how to proceed when you are being continually harassed.
The most important thing to do is contact an experienced attorney, regardless of whether or not you owe the debt. Any of the aforementioned behaviors are violations of the FDCPA and you can recover compensation as a result. Generally, statutory damages of up to $1,000 per violation are awarded to victims. However, if you suffer actual damages as a result, you can also attempt to recover compensation for your losses.
If you believe you are the victim of harassment and FDCPA violations, it’s imperative to contact an experienced attorney as soon as possible to discuss your legal options. At the Law Offices of Barthel Legal, we understand how frustrating it can be to deal with abuse and threats. As such, we will do everything possible to help you hold the debt collector responsible for their actions. Contact our committed firm today to learn how we can assist you through these challenging times.
