Hi, I had a loan a few years ago but i lost my job and was unable to pay. I am now preparing file bankruptcy but have not done so yet. Recently I have been receiving phone calls regarding this debt at my home and my employer. I have contacted the collections company and asked that they no longer call me at my employer because it is putting my job in jeopardy but they continued to do so. I read up a little on the Fair Debt Collections act and sent this company a cease and desist letter asking them to no longer contact me regarding this debt. However, they are still calling me at work and their agents have told me directly that they are going to continue to do so until the debt is paid. Am i right and they are violating my rights and is there anything I can do about it?
Chapter 7 Bankruptcy Attorney
Find a lawyer who handles FDCA cases. I think you find many on this site.
In FDCPA, documentation matters.
Preserve documentation/recordation and consult an FDCPA attorney soon.
Seems like you have the following violations:
15 USC 1692c(a)(2);
15 USC 1692c(a)(3);
15 USC 1692c(c);
15 USC 1692d - multiple sub parts.
On your bankruptcy petition, make sure you list possible FDCPA violation on Schedule B.
Legal disclaimer: Jonathan Stone is a New Jersey-licensed attorney only. The information is not intended to be legal advice. You should consult an attorney regarding your particular circumstances. Answering this question on Avvo does not constitute legal advice, constitute legal representation or constitute an attorney-client privilege.
You can file an FDCPA lawsuit. This lawsuit would allow you to recover up to $1,000 in damages. However, the real teeth of the FDCPA is your unilateral right to recover attorney's fees. Depending on which debt collector you are dealing with, many of them will simply settle quickly and pay you the full $1,000 because they do not want to risk their liability for your attorney's fees going up.
You should absolutely save all documentation related to your claim, including the phone records which show that they are calling your work.
My office, as well as most law offices in this area of practice, offers free consultations to consumers in your situation.
Debt Collection Attorney
Are You Sure That It Is A Collection Agency Rather Than The Actual Creditor Making The Collection Attempts? That Will Make A Difference As To Whether You Have An FDCPA Claim.
Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.