Let's face it: many bad debt collection companies will say or do anything to get a debtor to pay a bill. Sometimes, these antics cross the line and some threats made by debt collectors violate the Fair Debt Collection Practices Act (FDCPA). It's fairly evident that overtly harassing conduct, such as profanity and threats of violence are violations of the FDCPA, but there are many other subtle violations that are not always immediately evident.
15 U. S. C. §1692 e (5) makes the threat to take any action that cannot legally be taken or that is not intended to be taken a violation of the FDCPA.
An example of a threat of action that is not intended to be taken may by the following: A debt collector contacts you about an alleged $10.00 debt. It sends a letter that threatens to commence litigation if the debt is not paid. The filing fee to bring a small claims court action is $90 in Connecticut. The debt collector never files suit. This is a violation of 15 U. S. C. §1692 e (5).
An example of a threat of action that cannot legally be taken may be the following: A debt collector sends a demand letter. In the demand letter, it states that it will seize your social security benefit payment. Social security benefit payments are exempt under Connecticut law from creditor attachment (the exclusion is that under certain circumstances the IRS can seize some or part of the social security benefit payment). This is a violation of 15 U. S. C. §1692 e (5).
The Woods Law Firm, LLC has sued debt collectors in Connecticut for violating 15 U. S. C. §1692 e (5). We advance all court filing fees for FDCPA actions. You may be eligible to receive up to $1,000 in statutory damages for a debt collector's violations of the FDCPA. Contact us today at (866) 790-5970 to learn more about your rights under federal law if you are the subject of debt collector harassment!
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