Debt collection is a billion dollar industry. It is so profitable because debt collectors can buy past due debts for pennies on the dollar and then attempt to collect the full amount from you, the consumer. The allure of making so much return on a minor investment causes many debt collectors to become overly aggressive in trying to collect from consumers like you. Congress enacted the Fair Debt collection Practices Act (FDCPA) to protect consumers and regulate collections.
The type of businesses that engage in collections are collection agencies, debt buyers, attorneys, and anyone else who regularly collects debts of another. It can be very distressing when you find your self placed in collections. If you are contacted over a past due account by anyone other than the original creditor, you are speaking to a debt collector. Collectors must be RESPECTFUL, FAIR, and TRUTHFUL.
If, while attempting to collect, collectors violate those principles of respect, fairness, and truth, they are in violation of the Fair Debt Collection Practices Act (FDCPA) and the law allows you to collect money damages, attorney's fees and costs from abusive debt collectors. Collection agencies, law firms, and any other third party that regularly collects debt is subject to this law.
If you have been placed in collections and contacted about a past due or defaulted debt, you may have a claim if you can answer "YES" to the following.
- Was it a consumer debt? The debt was for personal, family, or household purposes.
- Are you a consumer? To have a claim, you must be an individual and not a business.
- Was it a "debt collector"? This is a collection agency or law firm and NOT the original collector.
- Did they violate the act? This is usually something that is abusive, unfair, unethical, or untrue.
Generally, we tell people that if after speaking to a debt collector and you felt scared, offended, or deceived, chances are there was a violation of the law. Some of the more common FDCPA violations are listed below, but there are many more:
- Threats of arrest if you don't pay your debt.
- Threats to file or actually filing suit on time-barred debt. (4 or 6 years in Georgia)
- Failing to validate a debt before collecting.
- Contacting you at work after being told not to call at work or if they know that you cannot receive calls.
- Trying to collect on a debt discharged in Bankruptcy.
- Contacting a third party and telling them about your debt or repeatedly contacting the same third party.
- Collecting debts against the wrong person.
- Filing suit against you in the wrong venue.(You can be sued where contract signed or where you live)
- Making false or misleading representations.
- Using vile or profane language.
- Demanding more money than allowed by law. (Adding on collection fees or demanding the wrong amount)
- Depositing a post dated check before the date agreed.
CALL 404-212-1928
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WHAT IS YOUR CASE WORTH
Collection agencies that violate the law can be ordered to pay
Statutory damages can yield up to $1,000.00.
Actual damages have no cap. You can recover damages for mental pain and suffering, invasion of privacy, and other things. Your case could be worth thousands!
Even if you owe the money, you can still collect damages for an FDCPA violation!
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PRESERVE EVIDENCE TO WIN YOUR CASE
- Keep every letter the collection agency sends you, even the envelope
- Make notes of your conversations with the collection agency.
- Save all messages the collection agency leaves.
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ATTORNEY'S FEES
We do not charge you any attorney fees up front. We take FDCPA cases on a contingency basis, meaning that we get paid, if you get paid. We take a percentage and also costs must be paid by the client. We can also file a request to make the court make them pay your attorney fees.
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Serving all of Metro Atlanta and surrounding counties including Clayton, Cobb, Coweta, Fulton, Dekalb, Gwinnett, Henry, Rockdale, Newton, Hall, Forsyth and all cities. Atlanta, Rockdale, Decatur, McDonough, Marietta, Riverdale, East Point, College Park, Newnan, etc.
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