Debt Collector Harassment in Nebraska
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In 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 Nebraska
The Nebraska Attorney General identifies 5 categories of illegal behavior by debt collectors:
- Harassment
- Using false statements
- Improperly threatening legal action
- Using deceptive documents
- Using unfair practices
Harassment by a business can include repeated calls or using obscenities while they’re on the phone with you. False statements may be more difficult to identify, but an obvious lie can easily justify civil action. Additionally, someone from these companies cannot scare you with a lawsuit without intent to follow through. Other unfair methods like misrepresenting debt or cashing post-dated checks early also represent actionable offenses.
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 Nebraska 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 Nebraska 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 Nebraska , 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 Nebraska Secretary of State provides a list of approved debt collectors to consumers. At the time of writing, there are hundreds of approved third-parties you could hear from about overdue accounts. Some of the organizations that receive an A+ rating from the Better Business Bureau include:
- Prestige Services, Inc.
- Clear Recovery, Inc.
- Credit Management Services, Inc.
- Lincoln Judgment Recovery Services
What Should You Do If You’ve Been Harassed By a Debt Collector In Nebraska?
Step 1: Know Your Rights
If you think Nebraska 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
If you’ve been harassed in Nebraska by a debt collector, it’s important to gather evidence. Nebraska Revised Statutes state that you cannot record someone during a phone call without their consent. However, you can keep a record of who calls you, why, and how often. A spreadsheet filled with data you’ve collected could prove to be priceless for your attorney’s efforts.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Nebraska 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 Nebraska 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. Nebraska 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 Nebraska debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
While the process may start with a county court for cases involving less than $57,000, the district courts handle all types of civil proceedings. The complaint that your lawyer submits will describe the grounds for the suit under Nebraska law and the damages suffered. Most of these cases will be settled out of court, but the possibility always exists that you could go to trial. As opposed to risking leaving decisions to a judge or jury, mediation provides both parties with the opportunity to settle on their terms.
Work With an Experienced Nebraska Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Nebraska, 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!
