Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from making threats that they do not intend to carry out, including threatening to serve you with legal paperwork without the genuine intent to do so. Such threats are considered deceptive and abusive practices, which are expressly prohibited by the FDCPA.
Here are some key points to consider regarding threats of legal action by debt collectors:
False Threats: Debt collectors cannot make false or misleading statements about legal actions they intend to take against you. Threatening to serve you with legal paperwork, such as a lawsuit or court summons, when there is no genuine intent to do so, is a violation of the FDCPA.
Intent to Carry Out Threats: Debt collectors must have a genuine intent to pursue legal action if they make threats related to legal proceedings. They cannot use threats of legal action as a scare tactic or to coerce you into making payments on a debt.
Documentation of Threats: It’s important to document any threats made by debt collectors, including the date, time, and content of the communication. Keeping detailed records can provide evidence in the event that you need to dispute the debt collector’s actions.
Cease Communication Requests: If you feel threatened or harassed by a debt collector’s actions, you have the right to request that they cease all communication with you. Once you make such a request in writing, they must comply, except to notify you of legal actions taken.
Our attorney has more than 14 years of experience with fighting debt collection agencies, visit his profile page here, attorney profile.
- There are absolutely no legal fees that you will ever be responsible for.
- Under the FDCPA the collection agency is liable for attorney fees.
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