When a person is sued by a debt collector over an unpaid debt, the individual may not realize that he or she has legal rights against the debt collector. The Fair Debt Collection Practices Act (FDCPA) is a federal law governing the actions a debt collector can take when it comes to collecting debt. For example, the FDCPA requires that debt collectors validate your debt if you request validation, and stop all collection activities until they are able to do so. In addition, debt collectors cannot threaten to sue you if the debt is beyond the statute of limitations. Debt collectors who violate the provisions of the act may be liable for damages. If you are sued over an unpaid debt and a debt collector has violated the act, you can assert these violations as a countersuit or a setoff in the action at hand.
Debt Collector Liability for Violating the Fair Debt Collection Practices Act
If you opt to assert violations of the FDCPA in the lawsuit that was filed against you, you may be entitled to the following if the court agrees with your allegations:
- Actual damages
- Attorney fees
- Additional damages of up to $1,000 per violation
You have one year from the date of the violation to file the lawsuit!
Dealing with a lawsuit over an unpaid debt and pursuing a debt collector for violations of the FDCPA requires guidance from a knowledgeable legal professional. We have assisted many clients in their fight with debt collectors, and we can help you too. We encourage you to check out the feedback from our many satisfied clients on our client testimonials page in order to learn more.
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