Debt Collector Harassment in Sioux Falls, SD

Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Sioux Falls, South Dakota 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 Sioux Falls, South Dakota

South Dakota has not enacted its own state debt collection laws. However, Sioux Falls residents are protected from debt collector harassment by existing federal law. According to the South Dakota Office of the Attorney General, debt collectors cannot:

• Contact you at an inconvenient time or place without your permission

• Contact you at work if you have notified them that your employer does not permit it

• Disclose information about your debt to anyone but you, your spouse, or your attorney

• Threaten you with violence or harm

• Use obscene or profane 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 Sioux Falls 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 Sioux Falls, SD 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 Sioux Falls 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.

South Dakota does not require collection agencies to be licensed or registered with the state. However, you can find a list of local agencies by checking with the Better Business Bureau. Some of the collection agencies working in the Sioux Falls area include Business Collection Agency, Allied Collection Service, and AAA Collections.

What Should You Do If You’ve Been Harassed By a Debt Collector In Sioux Falls, South Dakota?

Step 1: Know Your Rights

If you think Sioux Falls 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 Sioux Falls, SD by a debt collector? If so, it’s important to begin to gather evidence.

If you wish to document possible harassment by a Sioux Falls debt collector, there are several steps you can take. South Dakota Law Help suggests sending all letters by certified mail, requesting return receipt, and keeping a copy. In fact, you should keep a copy of all letters sent to or from the collection agency. In addition, it can be helpful to maintain a log of all phone contacts. You should write down the date and time of the call, as well as the caller’s name, and a summary of the conversation.

Step 3: Remain Calm and Act Deliberately

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

Debt collector harassment lawsuits can typically be brought in either federal or state court. Your Sioux Falls attorney can help you decide whether to file in U.S. District Court or the Minnehaha County Circuit Court. If you win your case, the remedy can include damages for any economic losses, as well as statutory relief. However, you may still be responsible for paying your original debt.

Work With an Experienced Sioux Falls, South Dakota Debt Collector Harassment Lawyer

If you’ve experienced debt collector harassment in Sioux Falls, SD 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 South Dakota 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!