violation of the fair debt collectons practice act

Get Legal Help Today

 Secured with SHA-256 Encryption

violation of the fair debt collectons practice act

I have been contacted repeatedly contacted by a collector for alledged debt that stems back some 10 yrs. I have not heard anything in regards to this for over 8yrs. I have informed them that the statute of limitations has expired even if this was a ligitimate claim and to cease and decist from further contact. They have not. I threated the fair debt collections practices act but they have ignored it. Is it true that they are subjected to 20k for each and every phone call after I inform them to stop contacting me?

Asked on June 19, 2009 under Business Law, Florida

Answers:

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First the Fair Debt Collections Practices Act covers consumer debt only.  This is debt incurred for personal use.  If this is a business related debt, you are not protected by this law.

If this is consumer debt - Judging by the age of this debt and that you haven't heard about it for 8 years indicates that this debt may have been purchased as part of a charged off portfolio and the agency pursuing you is not the original creditor.  Your description of the circumstances sounds like you are being harassed.  The Fair Debt Collections Practices Acts limits damages to actual damages or a statutory $1000 per violation.  This means that in most cases, your damages are limited to $1000.  If you hire an attorney who sues the debt collector, you may be able to prove additional circumstances to entitle you to more money, but that is unusual under the majority of cases.  Take as much information as you can about who is calling and demand something in writing from them about the alleged debt.  Talk to a consumer attorney about your options under the FDCPA.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption