When you have debt, life can be difficult and challenging, especially when you have to be facing and dealing with all the different debt-related problems and ordeals. When you owe a debt to a person, it is a personal issue. However, when you owe a debt to a creditor or an institution, you will have to deal with the dreaded debt collectors.
Debt collectors have always had a gruesome image and persona in the public eye. The public portrays them as people who should not be messed with. They will call you, come to your doorstep, and demand that you should pay your debt.
When dealing with debt collectors or creditors, you need to understand your rights, especially when they are harassing you. There is a Fair Debt Collection Practices Act, or FDCPA, that can protect you from any debt collectors that are unethical. It is a code of conduct that must be followed by debt collectors. When they are harassing you, there are a few things that you need to do.
What you need to be doing first is to identify the harassment and judge whether it is stated in the code of conduct. The FDCPA states that debt collection agencies, like Portfolio Recovery Associates or others, are not allowed to call several times in a single week. They are also prohibited from speaking to anyone else other than your spouse about the debt that you owe. Yelling and using profane language is also not allowed. Those are just a few among many others.
When you have identified that the debt collector or the agency has done anything that is considered harassment, it is advisable that you should sue them. However, you need to base your accusations according to the Fair Debt Collection Practices Act. It is okay to prosecute them because they have misconducted a law and you are entitled to do that. When they have disobeyed the FDCA, you can be entitled to claim compensation in statutory damages and for what they have done.
Talk to a lawyer
Before suing them by yourself, it is best that you go and see a professional lawyer to assist and advise you on the case. A debt lawyer is the best man for the job. A debt law attorney will be able to give legal advice on dealing with creditors according to your situation. Talk to an attorney before prosecuting them so that you will be more knowledgeable on how to tackle and handle the process and the situation.