FDCPA Success – Even a Baby could do it

FDCPA Success- Even a Baby could do it.

We speak to hundreds of consumers weekly and one of the most frustrating parts of our job is when consumers are unable to bring a FDCPA case because of lack of proper record keeping.  Today, we’ll cover the basics to being successful under the FCDCPA.  Trust me, bringing your FDCPA claim is so simple, even a drooling baby could do it…

1.  Find out who is contacting you! To be successful in a FDCPA case, you will need to know the name of the collection agency that is contacting you.  Under the FDCPA, the collection agency must give you some disclosures, usually in writing, including their name.  So, to find the name of the collection agency that is harassing you, its best to review any mail that you’ve recently received.  Keep all mail from debt collectors as it has important information that you’ll need to successfully sue them – such as their internal account numbers.

2.  Maintain Records. To be successful in a FDCPA case, you must know around the dates that the collection agency started contacting you.  Every time a debt collector contacts you, make a note of it, the date the called, and what they told you.

3.  Keep Evidence! Although most FDCPA cases are “he said/she said” cases, if you have any documentation of the FDCPA violation its important that you hang on to it!  For example, if a debt collector leaves you a voicemail and tells you they are going to take your first born SAVE it.  We can help you send us the voicemail so we can use it as ammunition when we go knocking on that collectors door.

4.  Don’t “go at it alone“.  We frequently encounter consumers that tried to go at it alone – either using form templates they received online, or had attempted to represent themselves.  Look, the debt collector that violated the FDCPA is required to pay YOUR attorney fees so it will cost you NOTHING to get the help of a lawyer.  Futhermore, my sending letters containing language you might be doing yourself a disservice.  For example, if you send a Cease and Desist letter you might just be speeding up the timeframe in which you get sued.

5.  Don’t exaggerate.  Ultimately, the true facts of what happened are going to get pieced together by the attorney handling your case and the collection agencies lawyers.  Nothing will hurt your case by exaggerating your claims, trying to make them look “sexy”, or overstating the violations that took place.  Most collection agencies record their telephone calls these days.  As such, you are going to lose instant credibility (and perhaps get your lawyer in trouble) if you try to overstate your case.

Grab your binky and give us a call!  Debt Collectors Hate Us.  We make suing debt collectors so easy, even a baby could do it.

One Commment

1. Mel Thompson says:

   October 28, 2013 at 9:52 pm

   Sound advice! would you not also advise those who receive calls to:
   a) Know their rights and common abuses by debt collectors under the FDCPA.
   b) Avoid having telephone conversation or negotiations with debt collectors, politely refuse to speak to them and ask them to put everything in writing.

   Reply