Debt Collector Harassment in Louisiana
Debt Collector Harassment in Louisiana
Although there are federal statutes in place to stop the harassment of debtors by collection agencies, you may still encounter this from time to time. Stop Collections Louisiana states that in addition to federal FDCPA laws, there are state laws against abusive credit collectors. If you have experienced threats of violence, false identification with the government, or an attempt in writing to suggest no contact, then the debtor may have standing to sue.
Misrepresentations
- 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 Louisiana debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney who 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 Louisiana , 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.
There are several debt collection agencies that creditors can turn to in Louisiana, such as Louisiana Recovery Services, CBS Collections, and Bayou State Financial Services. The Better Business Bureau provides a complete list of accredited debt collection agencies in Louisiana.
What Should You Do If You’ve Been Harassed By a Debt Collector In Louisiana?
Step 1: Know Your Rights
Step 2: Collect Records
If you’ve been harassed in Louisiana by a debt collector, it’s important to gather evidence. If you are experiencing harassment from a debt collector, you’ll want to be proactive. Keep any documents or correspondence between you and the collector, and file a Stop Contact letter as soon as possible. If you are able, you should send the letter by certified mail and get a copy of the receipt. You might also consider recording the harassing phone calls, as Louisiana’s Electronic Surveillance Act only needs one party to consent to the conversation being recorded.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Louisiana 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 dealing with relentless phone calls from debt collectors, it’s crucial to request debt verification. This process not only reveals if they are misrepresenting your debt but also forces them to halt contact until they provide the requested details. A proper debt verification must include the amount owed and the creditor’s name. You have 30 days to dispute the validity of the debt. If you fail to dispute it within this timeframe, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
Step 6: Present Your Case
By hiring an experienced Louisiana 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 experienced harassing behavior, you only have one year to file your suit. You may be eligible for a $1,000 settlement from the collection agency, as well as having all legal fees and court costs paid. However, you should keep in mind that a legal victory of this sort does not wipe away your debt. That will remain and still need to be paid. The Louisiana Attorney General provides online complaint forms to begin this process.
You can file your lawsuit either in a U.S. District Court or a Louisiana State Court depending on the merits of the case. This is where an experienced Louisiana Attorney could prove invaluable.
Work With an Experienced Louisiana Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Louisiana, 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 Louisiana 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Has reading this article raised questions about a different sector of Louisiana law? Then explore more of the content on our site!
