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What to Do If a Bill Collector Crosses the Line


Also, send a copy of your complaint to the state agency that regulates collection agencies for the state where the agency is located. To find the agency, call information in that state's capitol city, or check your state's website.

Finally, send a copy to the original creditor and the collection agency. The original creditor may be concerned about its own liability and offer to cancel the debt.

Once your complaint is filed, don't expect immediate results. The FTC may take steps to sanction the agency if it has other complaints on record. The state agency may move more quickly to sue the collection agency or shut it down for egregious violations. Your best hope is that the creditor will offer to cancel the debt.

4. Sue the Debt Collector

If you've been subject to repeated abusive behavior, and can document it, consider suing the collection agency. But don't bother if the illegal behavior was annoying but nothing more. For example, if the collector called three times in one day but never again, you probably don't have a case.

You can represent yourself in small claims court, or hire a lawyer and go to regular court. (The other side may have to pay your attorneys' fees and court costs if you win.) You're entitled to any actual losses -- for example, your pain and suffering, or the amount you paid to switch to an unlisted number to avoid harassment -- and an additional amount (unrelated to actual losses) up to $1,000 for any violation of the FDCPA.

Copyright 2006 Nolo

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