Fighting Illegal Practices of the Creditor

The worldwide financial crisis had an effect on many individuals. Even though the effects are ebbing away with time, some still face difficulties in repaying debts. If you are in such trouble, and the creditor is using all means and methods to collect, the problem doubles. What do you do in such a situation?

You are in debt; however, this does not justify that the creditor can use any means to try to collect from you. Certain practices pertaining to debt collection are unlawful. The Fair Debt Collection Practices Act (FDCPA) provides the guidelines in this regard. Some examples of such practices would include –

• Calling incessantly and at unearthly hours
• Using profane language or threats
• Add interests and fines that not allowable as per original terms
• Falsely threatening to garnish wages
• Falsely stating that a collector is a legal professional

If you are capable of proving that a collecting method was an illegal thing to do on the part of the creditor in a lawsuit, the court may order the creditor to pay $1,000 (maximum) as damages to you. You may also recover court costs and attorney fees. You need a competent lawyer for this.

If many other individual consumers are also facing similar harassment from the creditor, you may also think of filing a class action lawsuit. If a creditor or a credit collection agency of Massachusetts involves in such illegal practices against most of the debtors, it is better to consider a class action.

Getting yourself heard against a group of corporate lawyers may be a little difficult. However, if there are others facing similar illegal collection practices, it becomes easier to seek justice. The first thing to do in such a situation is to get in touch with a lawyer specializing in the federal and Massachusetts consumer law.

How is a class action better than individual lawsuits? For one, it saves a lot of the court’s time to hear a single suit instead of numerous ones. It also enhances your chances of being heard. The chief advantage of this type of suit is, however, that if you win, the creditor needs to stop the illegal practices it uses for collection.

However, all this is possible only when you have a good consumer lawyer for guidance and representation. Find a legal professional with knowledge and experience in this field, consult him/her about the issue and take necessary legal action to stop unethical and illegal business practices that cause problems for the consumer.