How to Sue Abusive Debt Collectors

Society today has become a debtor's society, owing for typical things like cars and houses, but also owing thousands of dollars to credit cards. Unfortunately, sometimes one may fall behind on payments and become a victim of abusive debt collections. Follow the tips below to build a court case against the abusive debt collector.

Instructions

Difficulty: Moderate

1. Look at the clock when the debt collector calls. It is a violation of the FDCPA (Fair Debt Collection Practices Act) to call a debtor before 8 AM or after 9 PM. If a collector calls during a restricted time, document it, making sure to note the time and company that was calling
2. Acknowledge the fact the debt collectors can not contact other people (third parties) about the debt. The only person a debt collector can discuss a debt with is the actual debtor and, in some states, the spouse of the debtor. If an unscrupulous debt collector contacts friends, family or neighbors, document the incident for future litigation.
3. Answer the phone and the harassment starts. If the collector threatens to have one arrested, is verbally abusive or cruel, they have crossed the line and have violated the FDCPA. Document and save for future use.
4. Listen to the debt collector as they talk. Do they misrepresent themselves as working for someone else, such as a phone company? Any deception, falsehood or deliberate misrepresentation is a violation that can be used in court against the collector.
5. Document everything. Save all communications; log all phone calls. A debt collector can only call once per day about a specific debt. If the debtor asks the collector not to call again, the collector can not call again. Keep a journal of all interaction, and the court case will be much easier to prove.