How To Sue Debt Collectors Who Break the Law
The Fair Debt Collection Practices Act protects you from abusive debt collection practices. If a debt collector violates the law, you can sue them within one year and may recover damages, statutory penalties, and attorney fees. Keep detailed records of all communication and consider working with an experienced consumer protection attorney.
Answer Your LawsuitUnder the federal Fair Debt Collection Practices Act (FDCPA), third-party debt collectors face strict rules. They cannot harass, abuse, or use unfair practices against you. If a debt collector violates the FDCPA, you have the right to sue them. You can recover damages and stop the harassment.
Below, you’ll learn how to sue an abusive debt collector. We’ll explain what an FDCPA lawsuit can accomplish and what other options you have.
Being Sued by a Debt Collector? Get Help Now
Don't let debt collectors violate your rights. Our partner Solo connects you with experienced attorneys who can help you respond to lawsuits and hold collectors accountable. Act before your one-year deadline expires.
Respond to LawsuitCan You Sue Debt Collectors for Harassment?
Yes, you can sue a debt collector who violates the FDCPA. The law protects you from abusive, deceptive, or unfair collection practices. Harassment includes repeated calls, abusive language, and false threats. You may be able to take legal action if you face any of these.
How Long Do You Have To Sue a Collector?
You must file your case within one year from the violation date. Missing the deadline means you lose your right to sue. Document violations immediately to protect your claim.
What Can You Recover From an FDCPA Lawsuit?
If you win your lawsuit, the debt collector may pay you actual damages. Your recoverable losses can include:
- Medical bills related to stress or anxiety from harassment
- Lost wages if harassment caused you to miss work
- Emotional distress damages
- Wage garnishments collected because of violations
- Other financial losses caused by misconduct
You may also receive:
- Up to $1,000 in statutory damages, even without financial harm
- Attorney fees and court costs, so you may not pay out of pocket
How To Sue Debt Collectors Who Break the Law
Many people sue debt collectors in state or federal court. Some states have additional consumer protection laws. Filing in state court may allow you to include state law claims. Federal courts have more experience with FDCPA cases. If you file in state court, collectors may transfer to federal court.
Do You Need a Lawyer To Sue a Debt Collector?
You don’t need a lawyer to sue a debt collector. Having legal representation makes the process much easier though.
A lawyer can:
- Handle court paperwork and communications
- Provide legal advice on your case
- Represent you in court
Some attorneys handle FDCPA cases on contingency fee basis. They only get paid if you win the case. The debt collector may pay your attorney’s fees if you win.
Our partner Solo can connect you with experienced consumer protection attorneys. Search for one with FDCPA lawsuit experience. Consumer debt attorneys, consumer protection attorneys, and debt collection harassment lawyers all handle these cases.
How To Build a Strong Case Against a Debt Collector
Keeping good records is crucial if you’re planning to sue.
Here’s what can help your case:
- Save all communication: Keep copies of letters, emails, text messages, and voicemails from the collector.
- Document phone calls: Write down the date, time, and what was said. Depending on your state’s laws, you may record calls as evidence.
- Send letters via certified mail: You’ll have proof that the collector received your request.
- Back up your records: Take photos or screenshots of messages and save them securely.
Other Ways To Stop Harassment From Debt Collectors
If you don’t want to sue, you still have options:
- File a complaint with the Federal Trade Commission (FTC)
- File a complaint with the Consumer Financial Protection Bureau (CFPB)
- Report the collector to your state attorney general
- Send a cease-and-desist letter
- Consider filing for bankruptcy
The FTC and CFPB are federal agencies that enforce debt collection laws. Your state attorney general can enforce state consumer protection laws.
Under the FDCPA, you can request that collectors stop contacting you. Send your request in writing for best results. You can find free cease-and-desist letter templates online.
If several debt collectors are contacting you, your debt may be unwieldy. You may want to consider debt relief options. A debt management plan or Chapter 7 bankruptcy could help. Filing bankruptcy triggers an automatic stay. The stay immediately stops debt collection efforts, including phone calls, letters, and lawsuits.
What Are Your Rights Under the FDCPA?
The FDCPA is a federal law that limits debt collector actions. The law protects you during the collection process.
Important: The FDCPA only applies to third-party debt collectors, not original creditors. If your credit card company or loan provider harasses you, different laws apply. Check your state’s consumer protection rules for creditor harassment laws.
Here are your rights under the FDCPA:
Communication Rights
- You have the right to not be contacted at unusual times. Debt collectors can’t contact you before 8:00 a.m. or after 9:00 p.m.
- You have the right to not be contacted at work if the collector knows you can’t take calls there.
- You have the right to not be contacted if you send a written stop request.
- You have the right to NOT be harassed by debt collectors. Harassment includes profane language, name-calling, repeated calls when you don’t answer, or arrest threats.
- Debt collectors cannot use abusive, unfair, or deceptive practices while collecting on a debt.
- Debt collectors must contact your attorney, not you, once they know you have representation.
Validation of Debt Rights
Verifying that the debt is valid is very important. Collectors must provide the following in a validation letter:
- The name of the creditor
- The total debt owed to that creditor
- Your right to dispute the debt within 30 days
The FDCPA is the most comprehensive consumer protection law regulating third-party debt collection agencies. It applies to student loans, personal loans, and credit card debt.
What an FDCPA Lawsuit Can’t Do
Winning an FDCPA lawsuit can help you recover damages. It won’t erase your debt though. You’ll still owe the money unless:
- The debt is too old to be legally collected (past the statute of limitations)
- You negotiate a settlement with the creditor
- You file for bankruptcy and the debt is discharged
Before taking action, verify that the debt is valid and actually yours. Under the FDCPA, you have the right to request debt validation. The collector must provide proof of the amount you owe. They must also provide details about the original creditor. If they can’t verify the debt, they must stop collection efforts. You can avoid paying a debt that isn’t yours or one the collector can’t legally enforce.
If you’re being sued by a debt collector, our partner Solo can help you respond to the lawsuit. Acting quickly protects your rights and improves your chances of a favorable outcome.