How to Sue a Collection Agency
Is your collection agency is harassing you and you’re planning to file a case but you don’t know how to sue a collection agency in a lawful manner?
If the collection agency repeatedly harassing you then it is high time to file a law suit against them, here are some ways to sue a collection agency for practical purposes.
Factors to Consider before Suing a Collection Agency
Filing a law suit case against a collection agency that keeps harassing you is not easy in the first place unless you know the factors to consider before suing them. Your first goal here is to have a strong case so you have bigger chances of winning the case or all your efforts will be wasted for nothing. You should think first carefully if the collection agency has clearly violated the conditions in the Fair Debt Collections Practices Act or FDCPA.
The FDCPA was prepared by the FTC (Federal Trade Commission) to protect the consumers against debt collectors who performs abusive, deceptive, and unfair practices on debt collection. It is clearly stated in the provisions that the consumer can sue the collection agency if their bad practices resulted to personal bankruptcies, marital instability, loss of jobs, and invaded the privacy of an individual. Any of the said factors are strong enough as evidence in court but for the extent that you can prove it.
Effective Ways of Suing a Collection Agency Fairly
Now that you have a clear idea of the things that you need to consider before filing a case, your next goal is the preparation of the evidence to prove the guilt of the collection agency. Proper documentation of any violation should be done correctly and keep good records and receipts to support your allegation strongly. Do they repeatedly call you all through the day and even at night time when you are resting or sleeping? If they don’t stop calling you even at your office then just jot down the actual time and date and make it sure that you have warned them to stop and told them about their violation under the FDCPA. It would be best if you can record every conversation, this can be used as a strong evidence of their violation especially if they have threatened you and used profanity words against you.
Another way is by sending them a dispute letter to validate the debt, and if they refused on your request or don’t respond on purpose then it’s clearly an added evidence of their violation. Just make it sure that you have a certified receipt to prove that you asked. Or if you have witnesses to back up your case then take notarized statements from them so you can it present it on court. And lastly, be aware of the time frame because you can only file a law suit case within one year from the time the violations were committed by the collection agency.
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