State and federal laws protect consumers from harmful debt-collection practices. A Florida debt defense attorney at Sharmin & Sharmin P.A. can help you take legal action when a debt collector violates these laws. Contact our team if a debt collector is using abusive tactics or makes the following false or deceptive debt collection statements to you.
Common Statements by Debt Collectors That Are False or Deceptive
The Fair Debt Collection Practices Act (FDCPA) prevents the abusive practices debt collectors may use. It creates a uniform system to mitigate abusive debt collection practices. Florida law also addresses prohibited practices in debt collection statements. Debt collectors cannot perform the following actions or make or imply the following statements when contacting you to collect money:
You have committed a crime and risk being arrested and jailed for not paying a debt
Your wages, property, or bank accounts are subject to seizure or garnishing unless the payment agreement contains these clauses
A collector falsely claims to be an attorney, government employee, or credit bureau personnel
Send documents falsely claiming they are legal documentation from a government agency or court
Use a false name
Falsely inform you about the amount you owe or a debt’s status
Threaten action against you that a collector cannot legally take or does not intend to pursue
A Florida debt defense attorney can review statements by a debt collector to determine the legality of the statements and practices and the legal protections available to you.
How Long Do I Have to File a Claim for False or Deceptive Debt Collection Statements?
You have one year from the date of receiving false or deceptive claims under the FDCPA to file a claim against a debt collector. Save any correspondence, such as letters from a debt collector, voicemails, texts, or other documentation that identifies a debt collector’s behavior as an unlawful practice. Next, speaking with a debt defense attorney in Florida as soon as possible is vital to pursue your legal rights to file a lawsuit.
Damages A Debt Collector May Owe You
The FDCPA also identifies the damages you may potentially claim against a debt collector who causes you harm. Even without proof of these damages, it may be possible to receive awards up to $1,000 in statutory damages as a punishment for a debt collector’s violation of the law. Other damages may include:
Lost wages, benefits, and potential bonuses
Medical costs
Emotional distress
Other out-of-pocket costs to you
Attorney fees
Court costs
It is vital to note that the damages you receive are for the damages a debt collector causes to you. An award by the courts does not automatically cancel a debt.
Why Pursue Legal Action Against a Debt Collector for False or Deceptive Collection Statements
Florida consumers play a crucial role in fighting back against unlawful practices a debt collector may use. Working with a Florida consumer protection lawyer may let you take the legal steps to hold debt collectors accountable. When companies become legally and financially responsible for their actions, these practices fail to produce the targeted outcome. By taking legal action, you demand accountability that all Florida consumers deserve.
Are You Receiving False or Deceptive Debt Collection Statements in Florida?
Contact Sharmin & Sharmin PA to schedule a free consultation with a Florida debt defense attorney. Owing a debt should not subject you to unlawful, false, or deceptive collection practices. Let’s discuss a plan of action and damages a debt collector may owe you.
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