It’s normal for creditors to call and remind you when a payment is past due. However, when those calls feel more like harassment, that’s unacceptable. The reality is that some creditors can be ruthless when trying to collect a debt. Fortunately, the Arcia Law Firm provides outstanding legal representation for cases involving bill collector harassment in Miami Gardens and can help you with foreclosure assistance and loan modification assistance. Our firm helps clients in Miami Gardens stop foreclosure who’ve been getting harasses by bill collectors and debt collection agencies.
An experienced debt collection lawyer in Miami Gardens, from our firm will ensure that your rights as a debtor are protected until the issue can be resolved and assist you with forbearance assistance and mortgage assistance. Many consumers are not aware of the fact that debt collectors’ practices are governed by federal law. This includes the FDCPA or Fair Debt Collection Practices Act and the FCCPA or Florida Consumer Collection Practices Act. Both of these laws protect consumers by prohibiting abusive, deceptive, and unfair debt collection practices.
About the FDCPA and FCCPA
The FDCPA was passed into law on the 20th of Sept. 1977 in response to a dramatic increase in the number of bankruptcy filings. The statute’s purpose is to prohibit bill collectors, creditors, and any type of debt collection entity from:
- abusing or harassing you when attempting to collect on a debt
- calling you before 8 am or after 9 pm
- calling you or contacting you at your place of employment
- concealing their identity when calling you
- misrepresenting themselves or using deceit and lies to collect a debt
Furthermore, they cannot threaten you with defamation, force, or violence nor can they threaten to repossess or seize your property. Florida also has provisions under the FCCPA that will protect your rights. A Miami debt defense lawyer in Miami Gardens from the Arcia Law Firm will explain your rights under those two laws and help you fight back. Once you have hired one of our attorneys, the creditor, debt collector, or collection agency must contact them regarding your debt.
In addition to the above, your debt harassment lawyer in Miami Gardens will take certain steps on your behalf including the following actions:
- Request calculations and validation of the debt
- Send a written letter contesting the debt
- Send a written request to the debt collector demanding that all communication with you must stop
As your legal team in a bill collector harassment case in Miami Gardens, the Arcia Law Firm will not only ensure that your rights under the FDCPA and FCCPA are protected, we will pursue criminal penalties against the debt if they have violated these laws.
Damages in a FDCPA Violations Case
With the legal assistance of an experienced debt collection lawyer, you could file suit against the agency or company that has unfairly harassed you and recover monetary damages. In other words, you may be entitled to compensation for the following:
- attorney’s costs and fees
- emotional and physical distress
- lost wages / wage garnishment
- up to $1,000 in statutory damages
In addition to the monetary damages listed above, the court can order the debt collector or collection agency to stop certain practices or activities such as calling you or sending letters. This is referred to as injunctive relief or remedies. Furthermore, 3rd parties such as the debtor’s family members, his or her neighbors, and the receptionist at his or her job can sue if they’ve been subjected to this same type of harassment.
For more information, help with short sales assistance and mortgage forbearance, or to schedule an appointment with a Miami Gardens debt defense lawyer, call the Arcia Law Firm today. As a top short sales attorney in Miami Gardens, we are here to help.