Should I Sue an Abusive Debt Collector?

Sometimes debt collectors get out of control with phone calls to your home or office, and even in some instances, calls to your relatives and other people who you live with or have lived with in the past.

There is a fine line between what consumers may consider abusive and what the law considers abusive. There is a time and there are certain circumstances that would make it appropriate to sue a collector, but you need to know exactly what circumstances these are so you don't waste valuable time.

First of all, you have to have documented proof that a collector has broken the law. For example, did they call you after 9PM? Did they call you repeatedly after 9PM? Was the person or people you interacted with from the collector rude or use harsh or profane language? If they did, and especially if they did so repeatedly and you can prove it, then suing a debt collector might be the right thing to do.

Unfortunately, if you just feel inconvenienced by debt collectors and feel it isn't fair that they are contacting you, you won't have grounds to sue. That said, if you can prove your case in court that a debt collector has harassed you or treated you in a manner outside of what is considered appropriate, you may be entitled to certain monetary losses, such as those associated with a psychologist, or money you paid out to change your phone number in an attempt to discontinue excessive or abusive collector phone calls.

Out of Control Debt Collectors: What you need to know

Millions of Americans are suffering under the duress of debt with little relief until and unless they are in a position to file for bankruptcy.

In the meantime, debt collectors oftentimes go way out of bounds in an effort to collect what they perceive they are owed. There are rules about how collectors must behave, and here are a few things you need to know about what collectors are not allowed to do:

Collectors may not:

• send you mail that appears to be official or legal documentation,
• tell you that you may be imprisoned or otherwise detained because of your debt,
• tell you they can come take your property to pay the debt,
• call or otherwise get in touch with third parties (with the exception of your attorney, the initial creditor to which you owed, or the credit bureaus,
• call you identifying themselves as an entity other than a collector,
• call you all day long everyday,
• tack on additional fees they call "interest" when in fact it is not,

And perhaps most importantly, they cannot call you ridiculously early or ridiculously late -- calls must be between the hours of 8AM and 9PM.

If during a call with a collector you are spoken to harshly, or the agent uses foul language or shouts at you, this is also against the law.

If you have experienced any of the above you may contact the Federal Trade Commission (FTC), at www.ftc.gov/ftc/complaint.htm -- and of course, let your bankruptcy attorney know if you have been a victim of collector harassment.

Bill Collector Harassment | Tom McAvity Suggestions

When faced with bill collector harassment, you do have options. There are some collections agencies who will inaccurately tell you that you are not eligible to file for bankruptcy. Whether or not you are entitles to bankruptcy is not up to collectors -- it is a matter between you and your bankruptcy attorney. You may or may not be eligible based on a number of unique circumstances. That said, Chapter 7 and Chapter 13 are great tools for debt relief for a number of people.

Tom McAvity and Northwest Debt Relief Law Firm can tell you what options may best suit your needs based on the various aspects of your financial circumstances. There are many options in debt relief outside of bankruptcy, and you can discuss these options with a debt relief counselor or attorney who knows the ins and outs of the laws.

You do have fair options available to you -- it's your right as a consumer to seek aid in the form of bankruptcy or other forms of debt relief. Tom McAvity can help you discover what your options are. While many argue that bankruptcy is not a viable option, it is an extremely effective way for consumers just like you to create a fresh start and get credit card debt and mortgages under control.

If you're considering your financial options and would like to hear more about bankruptcy and debt relief, call Tom McAvity at NWDRLF today by dialing 1-866-601-1918.