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Suing an out of state collection agency for harassment - doable?

Los Angeles, CA |

I have a problem with a credit collection agency in Georgia continuing to harass me over a debt that I have continually denied, the debt keeps being sold to other collections. Anyway, I had it over the current agency's continuous calls (4x per day), a robo call that when you press 0 to talk, no one ever answers the phone. When I finally talked to a person, I told her to stop harassing me, she called back and left a message that they would not stop calling me. I filed a complaint with the FTC, but haven't heard back. I want to sue - how do I do this? I live in CA, and this company is in GA. Do I need an attorney, what kind? What would I sue for? Can I sue just for the harassment? I have all the recent calls from the company on my phone log and the message on my voice mail.

I have asked numerous times that if they have a case to go ahead and sue me, nothing has come of that, from any of the collectors. I also get calls that tell me they are with the "legal department" and that if I don't call, they are going to file a criminal complaint for fraud.

Attorney Answers 4

Posted

Based off your facts it is important that you consult with a Consumer Protection attorney immediately. It appears that the debt collector may have violated both federal and state collection laws but more information is needed.

Most Consumer Protection attorneys do not charge anything for an initial consultation. As a matter of fact they usually do not charge anything for the entire representation since the statutes governing this area of law allow for fee shifting, so if the case is settled or you go to trial and win then the Defendant would be required to compensate you and pay all of your attorney fees. To find an excellent consumer attorney near you go to naca.net

If you have any other questions or concerns then check out my website.
http://www.tylerhinzlaw.com/

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5 lawyers agree

Posted

If you feel the debt collector has violated the law, you should consult with an attorney that handles consumer lawsuits for violations of the Fair Debt Collection Practices Act and the California Rosenthal Act. Both Acts are meant to protect consumers from illegal debt collection. I am not sure from your inquiry whether they have violated the law, but most attorneys in this practice area will provide a free consultation to review the facts and determine whether they believe you have a good suit against the debt collector.

This reply does not constitute legal advice or the establishment of an attorney client relationship.

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9 lawyers agree

Posted

You should visit with a qualified consumer attorney in your area. You can search on Avvo or search the NACA website. There are fantastic lawyers in your area and most won't charge you to see if you have a case. Good luck and don't let collectors treat you poorly.

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4 lawyers agree

Posted

Look on Avvo for a consumer attorney that can handle an unlawful debt collection case.

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1 comment

Asker

Posted

Are you kidding me? This is the best advise you can give? Get a real job, and start billing your hours - because you're not good at this...

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