FDCPA/Debt Collector Harassment FAQs

Can you make the bill collectors stop harassing me by telephone?
Legally, yes we can. When you hire an attorney to represent you, debt collectors must stop contacting you by phone or mail, and instead contact your attorney regarding your case. Unfortunately, many debt collectors do not respect the consumer protection laws–and may continue to harass you by telephone, mail, or cell phone even after you’ve retained an attorney. Luckily, Debt Defense Law can assist you in filing a lawsuit against the debt collectors if this happens. Attorney Erik Kardatzke is licensed and admitted to file lawsuits in federal court, and is well-versed in the abuses detailed in the federal Fair Debt Collection Practices Actand the Florida Consumer Collection Practices Act. If your rights as a consumer are being violated, Debt Defense Law will represent you in your lawsuit against the debt collector that continues to harass you or otherwise violates the law. Don’t accept harassment as part of your day-to-day life! Contact a skilled consumer lawyer regarding your situation.

What is the Fair Debt Collection Act?
You have most likely heard of the collection law called the Fair Debt Collection Practices Act, commonly referred to in our business as the FDCPA. This federal collection law (act) protects consumers from bill collector harassment, abuse and mistreatment. If you are being harassed by a debt collector or bill collector, you have the right to retain an attorney and file a lawsuit against the debt collector that is harassing you.
How do I know if I am being harassed or abuse? What are the debt collectors allowed to do, and what is against the rules?
You can find a copy of the entire Fair Debt Collection Practices Act by clicking here: FDCPA

The FDCPA lists pages and pages of violations. Here are some of the more common violations that we hear about from our clients:

Again, there are many more violations listed in the Fair Debt Collection Practices Act. Our staff will review a checklist with you and answer any questions regarding your harassment case during your free consultation.

How do I prove that I am being harassed?
We will provide you with a packet that includes all the tools that you need to document bill collector harassment. It’s as simple as making notes on our Debt Collector Call Log when you receive a harassing telephone call, and saving all correspondence that you receive from bill collectors. Click here to download our free printable Debt Collector Call Log.

Will I have to go to court?
Believe it or not, most of our clients who are being abused or harassed by bill collectors never set foot in the courtroom. Often, when the executives at a debt collection company are made aware by Attorney Erik Kardatzke that one or more of their staff members has been harassing and abusing a consumer, and that the consumer has the documentation to prove their claim, the debt collector will settle the case out of court. However, there is a chance that your case will go to trial before a jury, with Attorney Erik Kardatzke by your side in the courtroom, presenting your case.