| Are You Wanting To Sue A Collection Agency? |
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| Written by Don Wilson |
| Thursday, 28 October 2010 14:13 |
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If a debt collector has ever called you then you belong in this category. Receiving collection calls is horrible sometimes and can get completely disrespectful at times. So you want to sue them, correct? That's probably not going to be the best way to go about it.
If a debt collector has ever called you then you belong in this category. Receiving collection calls is horrible sometimes and can get completely disrespectful at times. So you want to sue them, correct? That's probably not going to be the best way to go about it. Going after a collection agency may seem to be the best way to correct harassing collection calls or even unjust debt that they have reported to your credit. The issue is that close to 999 out of 1000 times this is not the correct way to go about this. You may even be 100% correct and they 100% in the wrong. This still doesn't mean that you will for sure win the lawsuit. First of all you have to prove beyond a reasonable doubt that they intentionally harassed your or put an unjust debt on your credit report. This is nearly impossible to do. Let's take the first situation into consideration, harrasing phone calls. You would have to prove what they said was a violation of law. Do you know all the exact wording they can use and what they can't? You would also have to have your phone calls under recording that you actually recorded and kept. Do you record all your calls? I know for sure that I don't. From the next perspective you see that they have placed an unvalidated debt on your credit report. This isn't as tough to win, but it's still difficult. This is hard to accomplish because their right to a "bona-fide error" clause. This is basically a get away with it coupon. There are many different source around saying that if a collection agency doesn't do "this" or "that" that you will be able to sue for $1,000 for every violation made. They are right. Will you actually win though? The odds are against it. With the bona-fide error clause being involved you have to prove beyond a reasonable doubt that any violation made was done intentionally. This is almost impossible to accomplish beyond a reasonable doubt. Reasonable doubt really doesn't need to be anything more than paperwork that got filed incorrectly by a new employee and the agency is not in any trouble. To conclude, taking legal action against a debt collector because of a violation of the Fair Debt Collection Practices act isn't usually the best idea. If you end up losing then you end up pay all the attorney fees. Can you afford the attorney fees when your in debt? Now instead, what you should do is record all violations and you the proof you gathered as leverage and clean up your credit report DISCLAIMER: This article is provided as information only and is not to be taken as financial advice. If your in legal trouble in regards to debt collection you should to understand a couple things. You should really begin with learning your states SOL or Statute of Limitations. That's where you should begin or if you want to understand more go to Don Wilson's website http://www.beatdebttoday.com |