Debt Collector Harassment in Pensacola, FL
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Pensacola, Florida 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 Pensacola, Florida
Florida has enacted state laws to regulate debt collection practices and supplement federal laws. Unlike the federal laws, Florida’s statutes cover original creditors as well as third party debt collection agencies. The Florida Attorney General explains that Pensacola debt collectors cannot:
- Threaten your person, property, or reputation
- Call you at work, unless they are unable to reach you at home
- Tell your friends, relatives, or co-workers about your debt
- Call you before 8am or after 9pm
- Use profanity or foul language
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 Pensacola 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 Pensacola, FL 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 Pensacola 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 Pensacola area is home to numerous debt collection agencies, including Check Assist of Pensacola, IDR, and Lendmark Financial Services. To avoid being scammed, it’s a good idea to verify that the person calling you works for a legitimate company.The Better Business Bureau can be a good place to start.
What Should You Do If You’ve Been Harassed By a Debt Collector In Pensacola, Florida?
Step 1: Know Your Rights
If you think Pensacola 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 Pensacola, FL by a debt collector? If so, it’s important to begin to gather evidence.
Documenting debt collector harassment can go a long way toward strengthening your complaint or lawsuit. Some suggestions from Florida Law Help include maintaining a record of all calls. Be sure you are noting the date, time, name of caller, what was said, and how you were treated. In addition, keep copies of any written correspondence. If you send anything to the collection agency, it’s a good idea to use certified mail, so you have a return receipt.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Pensacola 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 Pensacola, FL 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. Pensacola 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 Pensacola, FL 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 can sue for any economic damages that you have suffered. You may also be able to get up to $1,000 in statutory relief. In addition, debt collection lawsuits can sometimes be filed in either state or federal court. A Pensacola attorney can help you determine the best jurisdiction for your case. You will probably file in either the U.S. District Court for the Northern District of Florida or the Escambia County Court.
Work With an Experienced Pensacola, Florida Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Pensacola, FL 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 Florida 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!
