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In Part 1 of this series, we broke down common questions you may have when dealing with debt collectors. We looked at what types of debts are covered under the Fair Debt Collection Practices Act (FDCPA) and when collection agencies can contact you.

In Part 2, we covered what types of unfair or deceptive practices are off limits for debt collectors.

In this post, we look at what you can do if you think a collection agency has violated the law or harassed you while trying to collect a debt.

Do I have any recourse if I think a debt collector has violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?

If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney General’s office and the Federal Trade Commission. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information

The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, visit ftc.gov. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

It’s important to understand that your debt won’t go away if a debt collector breaks the law, but you may be entitled to damages if you think you’ve been harassed. CCRNow is a true attorney driven program that can help you deal with creditors to get out of debt safely, legally and with peace of mind. Click here to learn more about settling your debt without bankruptcy, or call 1.888.674.6540 to get advice from an enrollment specialist right now.

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