If you do not want to use a lawyer to file a private case against a debt collector who violates the Fair Debt Collection Practices Act, you can always file a a complaint with the FCC. There are several ways to submit a FDCPA complaint, but if you can read this blog post, then the easiest way for you to file a charge with the FTC is online at this website:
On the other hand, if you want to take the debt collector to court, contact a lawyer familiar with the FDCPA. In California, you can contact us here. Walsh & Walsh, P.C., Orange County FDCPA debt collection attorneys.
By Michael J. Walsh
A U.S. district court shut down a Houston-based debt collection operation that allegedly illegally used insults, lies, and false threats to collect on payday loans – including telling a Virginia woman that she would be arrested and jailed for three years, and would lose her disability payments if she did not pay a $980 debt.
falsely representing that Goldman Schwartz is a law firm and owner Gerald Wright is an attorney named Barry Schwartz.
falsely claiming that consumers have committed crimes by not paying their debts, will be arrested or jailed, and will lose custody of their minor children.
falsely claiming to be affiliated with or work in conjunction with law enforcement agencies.
harassing and abusing consumers by using obscene or profane language, calling repeatedly or continuously, and calling late in the evening or early in the morning.
adding unauthorized late fees and attorney’s fees to the amount consumers owe on their debts, and
failing to inform consumers of their rights to dispute the debts, have the debts verified, and obtain the names of the original creditors.
If any of these things are happening to you, contact the FTC or a local FDCPA attorney to file a private action and recover damages. If you live in California and would like a free evaluation of your case, contact us here.
One of the things a debt collector covered by the Fair Debt Collection Practices Act cannot do is threaten to take actions it does not intend to do, or is not permitted to do. One thing debt collectors frequently threaten to do is garnish your income. However, several kinds of income cannot be garnished, and a debt collector cannot threaten to garnish these:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members’ Pay
Military Annuities and Survivors’ Benefits
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen’s and Harbor Workers’ Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
If debt collectors call you and threatens to garnish your social security check if you don’t pay the debt, they’ve broken the law.
If a debt collector is hounding and harassing you and breaking the law, contact a lawyer. If you or the debt collector are in California and you want to talk to us, drop us a note here.
Walsh & Walsh, P.C., Orange County FDCPA debt collection attorneys.
By Michael J. Walsh