Suing Creditors for Harassment or False Claims
Are you being harassed by a creditor? According to the Fair Debt Collection Practices Act (FDCPA), it is illegal for creditors to unnecessarily harass or offend the debtors they are contacting. When a creditor's behavior crosses the line, debtors have every right to sue and make creditors pay.
At The Golden Law Group, the firm is committed to pursuing debtors' rights to litigation when they are harassed. The firm is experienced in suing creditors and can use the settlement that the debtor receives to help him or her fund a bankruptcy. This result means that a debtor can essentially go through bankruptcy without any out-of-pocket costs if he or she is able to secure a satisfactory settlement from creditors.
Fight for Your Rights in Debt Collection Practices
Debt collection abuse is illegal, but it is shockingly common. If you have been harassed, you shouldn't simply bear this hardship. Instead, you need to hold creditors accountable by filing a lawsuit against those practicing illegal collection tactics. As a debtor, you have the right to fair treatment when it comes to debt collection.
It is illegal for creditors to:
- Physically or verbally abuse or intimidate you
- Use profane, racial, or demeaning language during phone calls
- Publish your name as someone who refuses to pay debts
- Call you on the phone repeatedly in a harassing manner
- Call you at inconvenient times, such as in the middle of the night
- Call your family members, neighbors, or co-workers in attempt to get ahold of you regarding the debt
- Lie about the amount that you owe
- Fabricate threats concerning the consequences for non-payment
How to Sue a Creditor
If the creditor has violated the FDCPA, you may sue them in Florida state court or in a small claims court. The disadvantage with going through small claims court is that the Court limits the amount of damages you can get. Through Florida state court, you may collect $1,000 in statutory damages. You may collect more if you suffered harm from the creditor's violations. In these types of lawsuits, it is recommended that you have an experienced bankruptcy attorney by your side. This option is a lengthy process, but can award the highest monetary damages.
File for Bankruptcy with No Out-of-Pocket Costs
If you have been harassed in an illegal manner by creditors, then you will want to talk to a skilled Brandon bankruptcy lawyer at The Golden Law Group. An attorney at the firm can partner with you to secure a settlement from the collection agency that has been bothering you. If your lawyer is able to successfully win the lawsuit, then the firm can then put that money toward the fees affiliated with filing for bankruptcy. With this approach, you can file a bankruptcy without paying any fees out of pocket.
If you are interested in exploring this option, call The Golden Law Group right away! The firm provides tenacious representation for all clients and will not rest until all efforts have been exhausted to get you the settlement that you deserve. Call the firm to get started today. We help those in Tampa and Brandon!