CREDITOR HARASSMENT

Have creditors been calling your home? Your Cell phone ? Your Job ? Sometimes creditors in Florida will even call your neighbors. We’ve seen it all. What’s worse is that some of these debt collectors can be mean and nasty. Let’s stop them right away.

Debt collectors and creditors can be humiliating and they can be embarrassing. We understand this and we are here to help you exercise your rights! Many times, these cases can be taken on a contingency basis – meaning the creditor will pay our fees, not you. Below is some useful information to help you better understand if you indeed being harassed by creditors. If you believe that you might have been the victim of creditor harassment please call and speak to one of our knowledgeable attorneys right away.

False Statements and Fraudulent
Debt Collection Practices

A federal statute known as the Fair Debt Collection Practices Act (often called the “FDCPA”) and a Florida Statute known as the Florida Consumer Collection Practices Act (“FCCPA”) give you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed by the act (and there are many). False statements may include (there’s more) threats to:

1. Attach your wages when unlawful or not intended-this includes threats to take more wages that is permitted by the federal limitation;
2. Contact your employer about the debt;
3. Call you “everyday until the debt is paid;”
4. Sell the debt to another company for the purposes of continuing collection on a time-barred debt;
5. Contact neighbors about the debt;
6. Contact the Department of Homeland Security about your alien status;
7. Threaten imprisonment or criminal punishment;
8. Report a financed vehicle as “stolen” because you missed one or more vehicle payments;
9. File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you;
10. Immediately evict (by an agent for a landlord); lockout, or seize personal property where such relief is limited by state law;
11. Sue, where no suit is intended, e.g. a collector requested “settlement prior to possible legal action” where the collection agency had no authority to sue, or to retain counsel. This action was held to be deceptive and violative of the FDCPA by a federal court in Connecticut.
12. Or, a threat implying that the collection agency has multiple employees or investigators working to collect the debt, where only one or two people work for the agency.
13. Collect or sue for “collection costs,” “attorney’s fees,” (see also below) interest not pre-agreed to in excess of that allowed by statute, “fines,” or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect. For instance, the collector cannot threaten to add attorney’s fees or his fees where the agreement you signed does not specifically provide for them. Let’s say you went to the dentist and just signed consent form and a medical history. You agreed to pay for all charges if your insurance did not. Nothing is mentioned about anything else. The collector cannot add any other fees or even and especially, his costs, late fees or other charges.
14. Add “collection costs, attorney’s fees” and similar additional charges have also been held to be deceptive and misleading, because they do not state exactly what debt is being sought.

15. Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.
16. Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not;
17. Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. “This will be transferred to our legal department for further action”). Letters misrepresenting that the account has been transferred to an attorney may include an attorney’s letterhead with threats of legal action. Have you ever received a letter from a lawyer who purportedly collects for a major creditor? Has the lawyer been out-of-state? Has the lawyer threatened to sue if payment was not made?