Collection agency kept calling after I send a cease and desist letter. What can I do? Can I sue for harassment
Answers:
If you tell a debt collector to stop contacting you, the only thing they can do is send you a final letter saying that contacts will stop and/or that the debt may or will be collected by legal or court action, which can have consequences. That's it.
Keep a written record of contacts from a debt collector. A written record helps to prove how much and what kind of harassment or illegal conduct you put up with. A good record of contacts can help settle your case against an abusive debt collector quickly, giving you compensation right away.
http://www.debtcollectorhelp.com/pdf/rec...
The FDCPA allows individuals and class action plaintiffs to sue in federal or state court within a year of the violation. Under the FDCPA, if you win, you may recover actual damages plus up to $1,000. Attorney fees and court costs may also be recovered. Members of a class action may recover actual damages plus a total of $500,000 or one percent of the net worth of the debt collector.
There are many private practice attorneys who specialize in assisting consumers who have experienced violations of state and federal debt collection laws. The web site of the National Association of Consumer Advocates, www.naca.net, provides a directory of member attorneys. The search process enables you to find attorneys near you and to specify those with debt collection experience, www.naca.net/db.php3.
I work at a law firm that does collections. If there is an automated voice on your answering machine then they haven't removed your # from their automatic dialing system. I would say u should call them and say ..FYI i sent u a letter to cease and desist, did u remove my # from your system?
The FDCPA (fair debt collection practices act) doesnt state how many times a collector is allowed to call in 1 day... harassment is defined by the consumer.
I would consider leaving a message 5 times in 1 day harassment.
I think you have a legitimate law suit on your hands. Florida is also a more restricted state in terms of what collectors can/cant do. (if a state law is striker then FDCPA then a collector has to abide by the stricter of the two)
I'm sure if you look in the yellow pages or online an attorney would b more then willing to help you out! The attorney general is also a good resource...
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