How to Sue a Debt Collecter
The Fair Debt Collection Practices Act sets legal guidelines for the actions debt collectors are allowed to take. The FDCPA also gives individuals the right to file a lawsuit against any debt collector who violates these laws. If you have been a victim of harassment or illegal debt-collection tactics from an agency, you may be able to recover damages in court.
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Instructions
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Familiarize yourself with what constitutes illegal behavior on the part of a debt collector. This information is contained in Section 808 of the FDCPA. Some examples of illegal collection activity include calling you before 8 a.m. or after 9 p.m., informing a third party about your debt and using violent or threatening language.
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Get proof of the violations. This can be in the form of recorded telephone conversations, notarized statements from individuals who have been contacted regarding your debt, or written threats from the debt collector.
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Visit your local courthouse and request a Cause of Action form. It will ask you to specify who you are filing the lawsuit against, the reason for the suit and the damages you are requesting.
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Submit the Cause of Action form along with the applicable fees. The fees required for filing a lawsuit will vary depending on the state and county you live in. Submitting the form will result in a summons being sent to the debt collector, who will be notified of the impending lawsuit.
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Await a hearing date. The debt collector will have a certain period of time, depending on the state the lawsuit is filed in, to file an answer to the summons. Once the answer is filed, the court will set a date for a formal hearing on the case.
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When you appear in court on the day of the hearing, bring any documentation you have compiled that proves the debt collector has committed an illegal collection activity.
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Present your case to the judge, or let your attorney do so, and await a ruling. If you win, you will receive no more than $1,000 in personal damages. However, you may receive additional damages for actions the debt collector took that directly resulted in your loss of money.
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Tips & Warnings
Not all states will allow you to record phone conversations without notifying the other person on the line. Check your state laws before recording any calls with a debt collector.
File your lawsuit against the collection agency within a year of the date when the most recent illegal activity occurred. A suit filed after this time will not be considered valid in court.
If you hire an attorney, you can request that the debt collector be forced to pay your attorney's fees in addition to any damages.
If the debt collector wins the case, be prepared for a countersuit for the full amount of the debt that you owe, provided that the debt is within your state's statute of limitations for debt collection.
