Knowing the guidelines a debt collector follows is important when you are up against them. Just being aware of your rights is not enough. A strategy is necessary for handling debt issues, and yours will probably vary depending on whether you are facing misidentification or just lack the funds to pay the debt.
Debt collectors have the legal right to get what they are owed. However, the process and your rights in these situations are governed by various laws designed to protect people from abusive practices.
Let’s take a look into their and your rights:
Get A Free Mortgage QuoteCan Debt Collectors Sue You?
Yes, debt collectors can sue you for unpaid debts!
If you owe money and have not made arrangements to pay it back, the debt collection agency or creditor can file a complaint against you. The lawsuit is typically a civil action aimed at recovering the owed amount. If the court hearing goes in favor of the debt collector, it can result in a judgment against you, which may include the original debt amount, interest, and possibly legal fees.
Your Rights Under the FDCPA
Before panicking, educate yourself on the topic: “Can debt collectors sue you for small debts, and what steps should you take if they do?”
The Fair Debt Collection Practices Act (FDCPA) protects people from rude and pushy debt collectors. Enacted in 1977, the primary objective of the FDCPA is to eliminate unfair, abusive, and deceptive debt collection practices while promoting consistent state action to protect people against debt collection abuses. The Act applies to personal, family, and household debts, including money owed for the purchase of a car, medical care, or credit card debt.
Here are some key points of FDCPA:
Right to Information
Debt collectors must provide you with information about the debt, including the amount owed and the creditor’s name.
No Harassment
Debt collectors are prohibited from using deceptive practices to collect a debt. This includes threats of violence, obscene language, and repeated phone calls.
Right to Dispute
You have the right to dispute the debt within 30 days of receiving the initial notice. If you dispute the debt in writing, the collector must cease collection efforts until they verify the debt.
No Unfair Practices
Collectors cannot engage in unfair practices, such as collecting more than the amount owed or using false information to collect a debt.
Cease Communication
You can request in writing that a debt collector stop contacting you. Once they receive your request, they can only contact you to confirm receipt of your request or to inform you of specific actions being taken.
Defenses Against Debt Collection Lawsuits
If you are sued by a debt collector, there are several defenses you can use:
● Statute of Limitations : Each state has a statute of limitations that sets a time limit on how long a creditor can sue you for a debt. You can use this as a defense if the statute of limitations has expired.
● Improper Service : If you were not properly served with the lawsuit, you can challenge the lawsuit on this basis.
● Debt Validation : If the debt collector cannot provide adequate proof that you owe the debt, you can dispute the debt’s validity.
● Fraud or Identity Theft : If the debt resulted from fraud or identity theft, you can present evidence to prove that the debt is not yours.
● Paid Debt : If you have already paid the debt, provide proof of payment to the court.
What to Do if You Are Sued
● Do Not Ignore the Lawsuit : Just because you ignored the notice does not mean there’s no lawsuit. This can lead to a default judgment.
● Gather Evidence : Collect any evidence that supports your defense, such as payment records, correspondence with the creditor, and proof of identity theft if applicable.
● Consider Settlement : Sometimes, it may be beneficial to negotiate a settlement with the debt collector. This can result in paying less than the full amount owed and avoiding a court judgment.
Impact of a Judgment
If a judgment is issued against you, it can have several consequences:
● Wage Garnishment : The debt collector might garnish your wages. Meaning, your paycheck’s portion will be deducted automatically to pay off the debt.
● Bank Account Levy : The collector may be able to levy your bank accounts, meaning funds can be taken directly from your account to satisfy the debt.
● Property Liens : A judgment can result in a lien being placed on your property, such as your home or car. This lien must be paid off before you can sell the property.
● Credit Report Impact : A judgment will appear on your credit report and can negatively affect your credit score, making it more difficult to obtain loans or credit in the future.
What to Do If the Debt Is Not Yours
In most cases, you should contest the debt if it isn’t yours. Here are some recommendations that could be helpful to you:
Write a Letter Arguing Against the Loan
After receiving the notice, you have 30 days to file a written dispute of the debt. According to the FDCPA, the collector must send you documentation attesting to the debt’s legitimacy, which the original creditor confirmed.
Contest the Amount Owed on Your Credit Record
If the incorrect debt shows up on your credit record, you can dispute it online with the credit bureaus. The creditor must confirm the legitimacy of the debt within a certain time period.
File a Complaint
Visit the Federal Trade Commission (FTC) website and follow their guidelines to file a complaint against the debt collector.
Seek Advice on How to Respond to the Lawsuit
It’s important to respond to a lawsuit within the allotted time frame. Financial advisors often receive the query, “Can debt collectors sue you if you miss a few payments on your loan?” If you are unsure how to proceed, ask for legal assistance.
Hire a Lawyer
After you have retained legal representation, the collector will have to speak with you in a calm and collected manner to come to a conclusion.
Get A Free Mortgage QuoteThe Court Hearing
When it’s your turn to present the case, do it clearly and concisely. Stick to the facts and provide evidence to support your defenses. Be respectful to the judge, the debt collector, and their attorney.
If the debt collector presents witnesses, such as a representative from the collection agency, you have the right to cross-examine them. Prepare questions that challenge the validity of their claims and highlight any inconsistencies.
After both sides have presented their evidence, you may have an opportunity to make a closing statement. Summarize your key points and reiterate why the court should rule in your favor.
Final Word
A debt collector’s ultimate objective is to make a profit by collecting debts. How successful they are in debt recovery determines the future of their agency. If they fail to do so, they don’t earn. Most people assume that debt collectors give up after a while when they are unable to reach the debtor. However, according to CBC, debt collectors contact defaulters four times a day on average and, in some cases, fifteen times.
In summary, while debt collectors can sue you for unpaid debts, you have legal rights and protection laws that protect you in this distressing time. However, keep in mind that once a court notice has been issued against you, be prepared to ensure the judgment is given in your favor.
If your credit score has taken a hit and you are unable to secure a loan, visit the Fetcharate website. The online platform offers you the perfect place to collect with lenders and find a loan on your terms.