Debt Collector Harassment in Lincoln, NE

Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Lincoln, Nebraska 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 Lincoln, Nebraska

Legal Aid of Nebraska states that it is illegal for a collection agency to harass you in pursuit of a debt collection. Engaging in behavior such as the threat of harm or violence, the threat of publishing information about the debt, impersonating a government agent, or using the threat of arrest is unlawful. It is also considered harassment to call an inordinate amount of times, or to call before 8 a.m., or after 9 p.m.

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 Lincoln attorney can help you identify your options and build a strong case.

Misrepresentations

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 Lincoln, NE 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 Lincoln 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.

Lincoln residents that fall behind in payments may have to deal with a debt collection agency such as Credit Management Services, Lincoln Judgement Recovery, or PSI Inc. The Better Business Bureau provides an online guide to accredited debt collection agencies in Lincoln.

What Should You Do If You’ve Been Harassed By a Debt Collector In Lincoln, Nebraska?

Step 1: Know Your Rights

If you think Lincoln 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 Lincoln, NE by a debt collector? If so, it’s important to begin to gather evidence.

According to Nebraska Student Legal Services, drafting a Stop Contact letter is the best way to force a collection agent to have no further contact. You should also obtain a copy of your phone records to show the frequency and times of calls from collecting agencies. In addition, keep all correspondence between you and the collection agency, and keep a detailed record of all the payments you’ve made.

Step 3: Remain Calm and Act Deliberately

When you’re being abused or harassed by a bullish Lincoln 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 Lincoln, NE 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. At least 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. Lincoln 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 Lincoln, NE debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.

Once you have decided to file suit, you must also decide where to file. An experienced attorney in Lincoln can help you in this area. Based on the individual cases it may be better for you to file in a state court, like the Lancaster County Court. However, it may be more beneficial to file in federal court at the U.S. District Court for the District of Nebraska. Remember, even if you are successful in your suit against a collection agency, this does not discharge the debt you owe. If the debt is legitimate you are still responsible for paying it off.

Work With an Experienced Lincoln, Nebraska Debt Collector Harassment Lawyer

If you’ve experienced debt collector harassment in Lincoln, NE 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 Nebraska 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!

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