When you fall behind on your bills, chances are debt collectors will contact you. There are laws in place to protect you, and third-party debt collectors need to abide by the law. If you are experiencing harassment by someone attempting to collect on a debt, contact an attorney and determine if you can seek legal remedy.

At Castro Law SC, LLC, we often represent people who have been harassed in this way, sometimes for debts that are not even theirs. Our team will make harassing debt collectors not only stop what they are doing but possibly pay you for the violation.

Often, third-party collectors use harassment to collect unpaid debts. They are not the original providers of the credit. Instead, they purchase the outstanding debts at a discount from the original creditor to collect the original balance owed.

The FDCPA (Fair Debt Collection Practices Act) constrains these third-party collectors’ actions when collecting unpaid debts. The FDCPA’s purpose is to safeguard the interest of debtors in different ways, and answers to common questions about the law include:

• What Debts are subject to the FDCPA?

Debts which involve money, insurance, property, or services provided to individuals for personal purposes.

• What is Considered Harassment?

Violations include the use of violence or the threat of violence to collect a debt; using obscene or profane language; advertising your debt for sale; threatening arrest; repeated or continuous calls with the intent to annoy; calling your place of work after they have been told not to; not disclosing their identity when calling; informing third parties about your debt.

• What are examples of abusive tactics?

Harassment and abuse could include making false representations such as suggesting they are government agents or that they will garnish wages or seize or sell property; making false claims that you have committed a crime; making false claims about the amount of debt owed; making false claims that they are a lawyer; using a false business name.

• What else is prohibited?

The agencies are also not allowed to collect more than you owe; deposit post-dated checks; contact you by postcard; take possession of your property through non-judicial actions.

• What compensation can I collect for a violation of my rights?

A successful FDCPA claim for violations of the act can award up to $1000 plus any actual damages and attorney fees for handling the case. Emotional distress may also be eligible for further compensation.