Most of us rely on various creditors and lending institutions to fund our financial goals. From buying a home to financing a new car or a vacation, you may need a loan for many reasons. The creditor lends the money under the presumption that you would repay on time. If you fail to adhere to the repayment schedule, the creditor can take legal action. At the same time, there are certain dos and don’ts set by the Fair Debt Collection Practices Act (FDCPA) that debt collection agencies need to follow. How do you know that a debt collector hired by your creditor has been harassing you? We have enlisted a few signs below and why you need to hire an FDCPA attorney Chicago.
- Calling you at odd hours. A debt collector can only call you between 8 am and 9 pm. If you have been getting calls around the clock, it is a clear violation of the debt collection practices set by the FDCPA.
- Threatening to take legal action. While the original creditor can take legal action and file a lawsuit against you for not paying the dues on time, a debt collector cannot do so or threaten to take legal action.
- Trying to harass you at work. If you have expressed clearly that you wouldn’t want to be disturbed at work or your employer doesn’t approve of the same, the debt collector should stop. Call a lawyer if this continues after the first warning.
- Using abusive language. It is not uncommon for agencies and debt collectors to use abusive language while talking to debtors. While these professionals are allowed to demand money, they cannot act in an intimidating way or use explicit language.
- Sharing details with you. If a debt collector shares details of your loan or dues with your friends, family members, or acquaintances, you can take legal action.
What can an attorney do?
An FDCPA attorney can help evaluate if your rights have been violated. If the creditor has filed a lawsuit against you, they can evaluate if the loan/bill has been inflated. If a debt collector has been harassing you, your lawyer can file a lawsuit and seek compensation. The FDCPA also has a fee-shifting provision, and if you win, the debt collection agency could be asked by the court to pay your attorney’s fee and costs.
Call an attorney now to understand your rights as a debtor.
