Debt Collector Harassment in Albuquerque, NM
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Albuquerque, New Mexico there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.
Debt Collector Harassment in Albuquerque, New Mexico
The Fair Debt Collection Practices Act prevents collection agencies from engaging in harmful and harassing tactics. For example, leaking information to a third party about your debt, calling before 8 a.am or after 9 p.m., or threatening violence to coerce payment. The New Mexico Courts also affirm that egregious and dishonest practices such as depositing a post dated check early, or contacting someone by postcard, is also illegal.
If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced Albuquerque attorney can help you identify your options and build a strong case.
Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any Albuquerque, NM debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Albuquerque such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
Albuquerque residents facing outstanding debt could hear from a collection agency such as Professional Collection Services or 180 Resolutions. NexaCollections offers a comprehensive list of the collection agencies near Albuquerque.
What Should You Do If You’ve Been Harassed By a Debt Collector In Albuquerque, New Mexico?
Step 1: Know Your Rights
If you think Albuquerque debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.
Step 2: Collect Records
Have you been harassed in Albuquerque, NM by a debt collector? If so, it’s important to begin to gather evidence.The New Mexico Collections Regulatory Act clearly defines which practices collection agencies are allowed to engage in when pursuing recovery of a debt. Albuquerque residents should be aware of their rights, and be prepared to fight back.
You can start by drafting a Stop Contact letter and sending it certified mail. Once the collector receives the letter they cannot contact you again, unless to inform you that a suit is being filed. Save any correspondence between you and the collection agency that you can. As well, keep records of every payment that you make. In addition, you may consider beginning to keep a hand-written record of the dates and times of calls.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Albuquerque debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If you’re constantly getting phone calls from Albuquerque, NM debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. Albuquerque attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.
Step 6: Present Your Case
By hiring an experienced Albuquerque, NM debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
According to the Federal Trade Commission you have 1 year to file a lawsuit against a debt collector that is engaging in harassment. You’ll need to file the lawsuit in either a state court, such as the Second District Court of New Mexico, or a federal courthouse, such as the U.S. District Court for the District of New Mexico. If you’ve lost wages due to the harassment, you’ll be able to sue for those damages. If you can’t pursue those damages, a judge may still award you $1,000. As well, they could force the collection agency to pay your court fees and the attorney fees. An experienced attorney in Albuquerque can help guide you through this process.
Work With an Experienced Albuquerque, New Mexico Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Albuquerque, NM it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across New Mexico state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!