One of the worst aspects getting overwhelmed with debt is the bombardment of letters, messages, and phone calls that you constantly get from creditors, bill collectors, and collection agencies. Even worse is the fact that they will harass your family members and others who are close to you. Make no mistake about it, these individuals get paid a good commission to be that ruthless. But sometimes, they go to far and your forced to take legal action just to get some relief from your situation.
The Arcia Law Firm specializes in bill collector harassment in Hialeah and can provide legal help for people living in Hialeah and the surrounding communities as well as foreclosure assistance. What most consumers don’t realize is that there are federal and state laws that protect their rights in these matters. So, if you’ve been getting harassing phone calls, letters, or even threats, we can help. We will be happy to explain your rights and the legal options available to you in these matters as well as other help such as forbearance assistance. Furthermore, you could be entitled to compensation for damages.
Your Rights under the Law
The Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) are the federal and state laws that protect you against abusive and deceptive collection practices. The Arcia Law Firm debt collection attorney in Hialeah that represents your case is highly experienced in these types of cases and knowledgeable of these two laws. They will not only ensure that your rights are protected during the legal process, they will pursue criminal penalties on your behalf as well.
The FDCPA and FCCPA outline statutes regarding what’s fair or unfair. If you’ve been subjected to any of the scenarios listed below or a combination of them, we’ll take further legal action against them and file suit for statutory compensation. You may be able to recover damages including your Arcia Law Firm creditor harassment attorney’s fees in Hialeah. Debt collectors are prohibited from:
- Adding additional charges or collection fees to the debt
- Attempting to collect an illegitimate debt
- Attempting to collect more than the actual amount of the debt
- Calling you once you or your Miami debt defense attorney in Hialeah notify them that you have hired legal representation
- Calling you prior to 8 am or after 9 pm
- Calling you too frequently
- Calling you when you’re at work
- Directly or indirectly disclosing any of your information to someone other than you and your family members
- Misrepresenting themselves or posing as a person employed by the Federal or State Government or law enforcement
- Threatening to garnish your wages, have you arrested, or seize your property
- Using obscene, profane, or vulgar language
Keep in mind that “debt collectors” can also mean any entity that you have a financial obligation to (owe money to). This would include entities such as apartment rentals, landlords, or property managers; auto loan companies; cell phone companies; credit card companies; or doctors, healthcare providers, and hospitals, for example. Arcia Law firm can help you with this and mortgage forbearance.
Damages and Remedies for FDCPA Violations
If a collection agency or debt collector violates the FDCPA and/or the FCCPA, you have the right to sue them for statutory compensation or monetary damages such as:
- emotional and/or physical distress
- garnished and lost wages
- up to $1,000 in additional statutory damages
- debt collection harassment attorney in Hialeah costs and fees
If the court sees fit, they will order injunctive remedies as well (demanding that the debt collector or collection agency stop calling and sending letters). For more information and for help with other matters such as loan modification assistance and short sales assistance, call Arcia Law Firm today.