Debtor pushed too far

This is the tale of a man who was simply pushed too far – and decided to fight back. According to news reports, Timothy McCollough, a disabled man with a brain injury, was harassed by a collection agency that was trying to collect a Chase Manhattan credit card debt from the 1990’s that he no longer owed.

Despite his protests, the collection agency continued to harass him over the $9,800 debt – which included $6,000 in attorneys’ fees and interest. When the agency hired a law firm to sue him, McCollough was simply pushed too far and decided to hire his own attorney and sue the agency for violating the Fair Debt Collection Practices Act (FDCPA).

Not only was his FDCPA lawyer able to get the lawsuit dismissed, but a jury also found that McCollough was the victim of malicious prosecution and abuse of process and awarded him $311,000 in damages. Of that amount, $250,000 represented compensation for emotional distress, $1,000 for FDCPA violations and $60,000 for punitive damages.

FDCPA violations on the rise

FDCPA violations are on the rise – especially in the current economy – as debt buyers, those companies who purchase bad debt for pennies on the dollar and then do whatever is necessary to collect, harass debtors until they can’t take it anymore. Unfortunately, many debtors don’t realize that they have rights.

The FDCPA says that debt collectors cannot:

• Contact you at work or on your cell phone if you ask them, in writing, to stop
• Contact you before 8am or after 9pm
• Contact you if you ask them, in writing, to stop
• Contact you repeatedly in an annoying, harassing or abusive fashion
• Contact you when you are being represented by an attorney
• Contact your family members, friends, neighbors or co-workers
• Continue to attempt collection on a debt which cannot be validated (for which a validation has been requested in writing)
• Increase the debt owed by adding attorneys’ fees or interest
• Misrepresent the debt owed
• Threaten you with legal action that is not permitted or actually being considered
• Use abusive or profane language

If you’ve been harassed by a debt buyer, contact an experienced FDCPA attorney to discuss your situation. Debt buyers cannot harass you – and if they do, you can sue them for violating the FDCPA and may be recover money damages like McCollough.