St. Petersburg Creditor Harassment Attorney
Clearwater Consumer Law Attorneys
If you or a loved one have been the victim of creditor harassment, contact the law firm of Reeder & Nussbaum, P.A..
Are you tired of creditors calling you at home and at work? Do they continue to hound you as you do everything you can to pay your debt? You may not know where your rights start and creditor harassment should stop. Creditors are relentless in collecting a debt. Creditor harassment laws place boundaries on them. However, their aggressive tactics cause debtors to stop answering their phones or opening their mailboxes. The law firm of Reeder & Nussbaum, P.A. knows the law and can be your creditor harassment Attorney in St. Petersburg, Tampa, Clearwater, and all of Hillsborough and Pinellas County as well as all of Florida. A State Statute known as Florida Consumer Collection Practices Act ("FCCPA") gives you legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed by the act (and their are many). False statements may include (and this list is just a small example) threats to:
- Attach your wages when unlawful or not intended-this includes threats to take more wages that is permitted by the federal limitation (wage attachment for a credit card debt, a non-student loan or for an obligation that is not support is generally illegal in Pennsylvania, however, now that law has been expanded to rent and lease damages in some cases-you should check the statute to be sure);
- Contact your employer about the debt;
- Call you "everyday until the debt is paid;"
- Sell the debt to another company for the purposes of continuing collection on a time-barred debt;
- Contact neighbors about the debt;
- Contact the Department of Homeland Security about your alien status;
- Threaten imprisonment or criminal punishment;
- Report a financed vehicle as "stolen" because you missed one or more vehicle payments;
- File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you;
- Immediately evict (by an agent for a landlord); lockout, or seize personal property where such relief is limited by state law;
- Sue, where no suit is intended, e.g. a collector requested "settlement prior to possible legal action" where the collection agency had no authority to sue, or to retain counsel. This action was held to be deceptive and violative of the FDCPA by a federal court in Connecticut.
- Or, a threat implying that the collection agency has multiple employees or investigators working to collect the debt, where only one or two people work for the agency.
- Add "collection costs, attorney's fees" and similar additional charges have also been held to be deceptive and misleading, because they do not state exactly what debt is being sought.
- Threaten to sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.
- Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not;
- Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. "This will be transferred to our legal department for further action"). Letters misrepresenting that the account has been transferred to an attorney may include an attorney's letterhead with threats of legal action.
DAMAGES UNDER THE FCCPA
The FCCPA provide for a private right of action against violators. This means that you can get a lawyer and sue for damages. A partial list of damages that are awardable are:
- Statutory damages up to $1,000 for each case. This means that the violator can be charged even though there are no other damages (see below).
- Punitive Damages
- Attorney's fees. You can make the violator pay for your lawyer. This is big advantage; lawyers are expensive!
- Actual damages.
- At times the creditors will even agree to write off the debt.
Contact Reeder & Nussbaum If You Are Being Harassed
Contact us to schedule an appointment for a free consultation and case evaluation, where we will discuss your case and the circumstances surrounding your harassment case. Se habla español.
Our Attorney's Fees and Costs are paid by the harassing debt collector, not by you. If they do not pay our fees, we do not get paid. If you believe you are being harassed by a creditor, call the law firm of Reeder & Nussbaum, P.A. today.