How and Why You Can Sue a Debt Collector By Sean Payne

If you're in debt, you may be worried about getting sued by a debt collector for not paying your debt. But did you know that there are several instances in which you can legally sue them instead?
With the understanding that I am not a lawyer and am not giving any legal advice, here are the facts:
The Fair Debt Collection Practices Act, or FDCPA, outlines specific behaviors in which debt collectors are forbidden to engage. According to this law, if a collector does engage in these forbidden practices, you may have the right to sue them in a state or Federal court.
So, what are these forbidden practices?
The first, and most common, is harassment. Under the FDCPA, harassment means use of "threats of violence or harm", using obscene language, or annoying someone through repeated use of the telephone.
Another forbidden practice is making false statements. The FDCPA forbids debt collectors from lying to try to collect a debt. Examples of this include falsely claiming that they are attorneys or that they represent the government, lying about how much you owe them, or falsely stating that your outstanding debt makes you a criminal. Debt collectors have a long history of saying what they have to in order to collect on a debt, including outright lies and subtle misrepresentations.

Debt collectors also may not make public the fact that you owe a debt. This includes contacting other people about your debt, publishing a list of names of people who have outstanding debts, or contacting you via postcard. The only instance in which a debt collection agency can contact other people about your debt is in order to find out your current address, phone number, or place of employment.
So, what happens if a debt collector does engage in one of these forbidden practices?
Your first action should be to inform them that you are aware of your rights under the FDCPA, and that they must cease their illegal actions. Most of the time, this will resolve the problem without you having to resort to legal action.
If that doesn't work, however, you have up to one year from the date that they violated the law to sue them in state or Federal court. You can sue the collector for any damage that you can demonstrate you suffered because of their collection practices, such as medical bills or loss of wages.

Even if you can't prove that they caused any actual damages, the judge can still require that they pay you up to $1000. In addition, the judge can require them to reimburse you for your attorney fees.
Keep in mind that just because the debt collector violated the law in trying to collect your debt, the debt does not just disappear if you actually owe it. Their violation of the law only entitles you to sue them under the FDCPA.
Know the law. Know your rights. And if your rights are violated under law, make sure you use the law to enforce your rights.

Sean Payne is a personal finance and debt reduction enthusiast. After getting out of debt himself, he spent several years learning all he could about how debtors can use the law to protect their rights and their peace of mind.
Learn more about how to sue debt collectors for violating your rights at Sean's fascinating website at http://www.debtpayofftips.com

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