Debt Collector Harassment in Montgomery, AL

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

Alabama’s Deceptive Trade Practices Act expands upon federal consumer protections against debt collector harassment in Montgomery. Specifically, the legal restrictions on debt collectors also apply to the original creditors. This means both Montgomery creditors and Montgomery debt collectors are prohibited from certain practices, including:

  • Giving false credit information about you to anyone
  • Contacting you when they know you are represented by an attorney
  • Calling continuously, or between 9:00pm and 8:00am
  • Trying to collect debt you have already paid

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 Montgomery 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 Montgomery, AL 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 Montgomery 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.

The Better Business Bureau provides ratings and reviews for collection agencies operating in and around Montgomery, including:

  • Account Management Services LLC
  • Holloway Credit Solutions LLC
  • Lendmark Financial Services LLC
  • EGS Financial Care Inc.

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

Step 1: Know Your Rights

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

According to the National Consumer Law Center, you should document all correspondence when preparing to take legal action against a debt collector in Montgomery. Some critical steps to take may be:

  • Keep a file of all documents, sent and received
  • Save all voicemails, texts, and emails
  • Note the date, time, and content of each call
  • Log the caller’s name, and the company name and address
  • Send documents by fax or certified mail to verify receipt

Step 3: Remain Calm and Act Deliberately

When you’re being abused or harassed by a bullish Montgomery 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 Montgomery, AL 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. Montgomery 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 Montgomery, AL 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 Alabama State Bar, your lawsuit may begin by filing with the Montgomery County District Court, which has jurisdiction for claims up to $10,000. Keep in mind, a Montgomery attorney could advise whether it would be better to file in the federal US District Court, Middle District of Alabama.

Additionally, the Federal Trade Commission states that you could be awarded up to $1,000 and be reimbursed for attorney fees and court costs. Even if you can’t show proof of any harassment damages. However, if you can prove damages, such as lost wages or medical bills, you might even be awarded more.

Work With an Experienced Montgomery, Alabama Debt Collector Harassment Lawyer

If you’ve experienced debt collector harassment in Montgomery, AL 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 Alabama 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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