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If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Under the FDCPA, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. If you win, you may recover damages in the amount of any losses you suffered as a result of the violation, plus an additional amount of up to $1,000.00.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.
Upon six years since a default expiry, the debt will become time-barred. This means that a creditor or collector will not be able to go to court to obtain civil judgments compelling the debtor to pay.
If you've already paid the debt If you're sure that you're talking with a legitimate debt collector, you can send copies of documents that prove you made the payments, including cancelled checks or credit card statements. You may also include copies of any correspondence about settling the debt.
Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.
Both the FCCPA and the FDCPA provide for the same or similar elements of damages for a violation of the statute. Specifically, a successful plaintiff is entitled to recover: 1) actual damages; 2) statutory damages up to $1,000.00; and 3) attorneys' fees and costs.
FDCPA Violation #1: An Attempt To Collect Debts You Don't Owe. FDCPA Violation #2: Insufficient Information on Written Notification About Debt. FDCPA Violation #3: Threats To Take Legal Action or Other Negative Actions (That Aren't Allowed by Law)