Under the Fair Debt Collection Practices Act, a creditor can't threaten to sue unless they actually intend to do so. They're also prohibited from using obscene language, threatening police action, intimidation, making verbal slurs, or otherwise harassing you. Use of threatening language may also be a sign that the collection is a scam.
Keep a record of all communications. You can even inform the creditor that you're recording the phone call.
Complaints against a creditor may be filed with the following agencies:
- Federal Trade Commission
- Consumer Financial Protection Bureau
- Your state Attorney General’s office
- Better Business Bureau
- Association of Credit and Collection Professionals
- National Association of Consumer Advocates
It’s important to keep accurate records of the date and time of the calls, the creditor making the calls, and the debt involved, as well as any threatening or harassing language. These records may be useful if you decide to sue the creditor. The FDCPA empowers individuals and class action plaintiffs to sue the creditor in state or federal court within one year of the violation.
Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.