When collection agencies or debt collectors get obnoxious or abusive, we sue them. As a consumer, you have rights under the Fair Debt Collection Practices Act (“FDCPA”) and the Michigan Collection Practices Act ("MCPA"). Although many collectors are well trained, it appears that there are many that simply like to bully, belittle and otherwise harass people who owe money. There is never a good reason to treat someone disrespectfully or rudely. While debt collectors typically only get people to pay money when they apply pressure, there are boundaries that collectors may not cross.
These are some of the most common violations of the FDCPA committed by debt collectors:
- Calls you at work after being told not to do so in writing.
- Calls you after you instruct him or her in writing not to contact you.
- Calls your home before 8:00 a.m. or after 9:00 p.m.
- Calls you repeatedly and makes the telephone ring constantly.
- Calls your friends, neighbors or relatives and makes any reference about the debt that you owe.
- Threatens you with a garnishment on your wages or bank account.
- Threatens to lien or take your home or personal property.
- Yells, screams, curses at you or calls you names (yes, this really does happen).
- Threatens you with jail if you don’t pay.
- Fails to send you a letter within 5 days of his or her initial communication to you that explains your rights to demand verification of the debt or that any information gathered will be used to collect a debt ("the Mini-Miranda").
IF YOUR RIGHTS HAVE BEEN VIOLATED BY A DEBT COLLECTOR….
We can sue the debt collector and get them to immediately stop calling you. Under the FDCPA, we can make the collector pay you $1,000 and pay your attorney fees. We frequently file and win these lawsuits. It costs you nothing to hire us and start going after the collection agency and debt collector for you.
If you have been subjected to any abuse from any collector or collection agency, call or email me, Gary Nitzkin at (888) 293-2882 immediately. You have only 1 year from the date of the violation to file a lawsuit under the FDCPA.