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Freedman Firm Obtains Monetary Award For Client Victimized By Creditor Harassment

Posted: September 13, 2011

Harassment from a debt collector is not only upsetting, but in certain situations, may even violate a debtor’s rights under the Fair Debt Collection Practices Act (FDCPA). Recognizing an upswing in complaints from clients regarding this type of harassment, and that often debtors are unaware of their rights under the law, Jeffrey Freedman Attorneys at Law has renewed its focus on this practice area.

Attorney Brad Davidzik, an associate with the firm, recently secured a settlement for a client who had been harassed by a debt collection firm, in a way that violated her rights under the FDCPA.

“This client received a series of voicemails left on a cell phone, threatening that she would have to appear in Erie County Court the next morning if she did not contact the collection agency and settle the debt that evening,” Davidzik said. “This was blatantly untrue; no court appearance was scheduled. This is the exact type of contact that is prohibited under the FDCPA.”

Within one month of filing the lawsuit, a settlement offer was made, according to Davidzik. Filing a suit forces the collector to stop making phone calls immediately.

“There are many debt collectors that use legitimate practices, however, there are a few who become very aggressive and completely disregard the rules,” Davidzik said. “And unfortunately, debtors don’t always know the rules, so they don’t immediately recognize they are being harassed.”

Under the FCDPA, debt collectors cannot call before 8 a.m. or after 9 p.m. They cannot call multiple times during a day, leave voicemail messages at a work number or continue to call a workplace if the debtor has asked them not to call there.

“They also cannot talk to relatives, friends or neighbors and tell them they are calling about a debt. Their statements must also be truthful -- if they say they are referring the claim to an attorney or they are calling the sheriff – those statements must be accurate.” Davidzik said. “Also, they cannot say that your only option is to transfer a debt to another credit line you might have available to you.”

In written communications it is against the law for creditors to use misleading or threatening language.

“We have many clients who are on Social Security Disability and who have collectors call to say their SSD benefit is going to be garnisheed. That is not the case, in almost every circumstance, Social Security payments cannot be seized by a creditor,” he said.

Once a lawsuit is filed, it will stop the harassment, send a message to the debt collector that they must stick to the letter of the law in their collection efforts, and may even help the client pay back the debt they owe.

“The FDCPA exists to protect a debtor’s rights. Knowing those rights, is the first step. Educating our clients, and then helping our clients to enforce those rights is where we are able to step in and help,” said Davidzik.

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