How to Use Litigation to Control Debt Collection Agencies
Debt collection is a growth industry in the United States. Traditionally, many debt collection firms used harassment and intimidation while attempting to collect past due debts. There are, however, strict laws governing debt collection and collectors can be sued for violating these laws. Congress enacted the Fair Debt Collection Practices Act more than three decades ago, and there are state laws protecting consumers as well. If you are being harassed by a collection agency, save all correspondence and document all contacts and tactics for possible litigation in the future.
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Instructions
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Save letters, telegrams and other written documents received from debt collectors. Debt collectors ofter misrepresent themselves by sending documents designed to look like government or court documents. These are illegal and can be used in litigation against the debt collector.
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If friends, neighbors, and employers have been contacted by the collection agency, collect sworn affidavits from them about what was discussed. A debt collector is only allowed to contact third parties once and only to find out contact information --- anything else is illegal. If they discuss your debt or try to discredit you in any way, it is illegal and that contact can be used in litigation.
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Document all doctor visits, medical reports and prescription purchases resulting from health concerns that arise from stress caused by the collector's actions. Harassing debt collection tactics can be upsetting and lead to illness.
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Record phone conversations in order to obtain documented proof of wrongful acts if it is legal to do so in your state. There are inexpensive devices that can be attached to your phone to facilitate recording phone calls. Many states allow you to tape your phone conversations and they can be used in litigation against an abusive debt collector.
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Contact a law firm that specializes in consumer protection law and provide the documentation for a case evaluation. They will help you further document your case and bring suit against abusive debt collectors.
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