← All Practice Areas
📞
Practice Area

Debt Collection Abuse

Federal law protects you from harassment, threats, and illegal tactics by debt collectors. If a collector has crossed the line — or if you're being sued on a debt you don't owe — you may have a claim.

Debt collectors have a reputation for aggressive tactics: repeated calls, threats of arrest, contacting your family or employer. What many consumers don't realize is that most of this behavior is illegal under federal law. You don't have to tolerate it — and you may be owed money for it. If you're being sued over an old or disputed debt, we also defend consumers in debt collection lawsuits, challenging improper service, expired statutes of limitations, and lack of standing.

Fair Debt Collection Practices Act (FDCPA) · 15 U.S.C. § 1692
The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. It applies to third-party collectors, debt buyers, and collection law firms — not original creditors collecting their own debts.
Warning Signs
You may qualify if…
—
Calling you before 8 a.m. or after 9 p.m.
—
Calling more than seven times in seven days about the same debt
—
Threatening arrest, jail, or legal action the collector cannot or does not intend to take
—
Using profane, abusive, or threatening language
—
Contacting your employer, family, or friends about your debt
—
Failing to verify the debt after you dispute it in writing
—
Attempting to collect a debt you don't owe or that has already been paid
—
Adding unauthorized fees, interest, or charges to the balance
—
Suing you on a time-barred debt without disclosing that the statute of limitations has expired
Your Rights
What you may be entitled to
✓
Up to $1,000 in statutory damages per lawsuit
✓
Actual damages for emotional distress, lost wages, and other harm
✓
Attorney's fees and court costs paid by the debt collector
✓
Dismissal or favorable settlement of the underlying debt
FDCPA cases are handled on a contingency basis — you pay no attorney's fees out of pocket. In most consumer cases, attorney's fees are paid by the defendant under federal fee-shifting statutes. Debt defense matters may be handled on a flat-fee basis.
Every case is different. The outcomes described above are potential remedies available under the law, not guaranteed results. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
Frequently Asked Questions

Common Questions

Can a debt collector call my family or employer about my debt?

Generally, no. Under the FDCPA, debt collectors cannot contact third parties — including your family, friends, or employer — about your debt, except in very limited circumstances such as locating you. If a collector has contacted people in your life about what you owe, that may be a violation of federal law.

What should I do if a debt collector threatens to have me arrested?

Debt collectors cannot threaten you with arrest or criminal prosecution for unpaid consumer debts. This is one of the most common FDCPA violations. If a collector has made threats like this, document the call and contact a consumer protection attorney — you may be entitled to damages.

Can I be sued for a debt that is more than five years old?

It depends on the state. In Virginia, the statute of limitations on most written contracts is five years. In Missouri, it is ten years for written contracts and five for oral agreements. If a collector sues you on a time-barred debt, you may have a defense — and in some cases, filing suit on an expired debt is itself an FDCPA violation.

How much can I recover in an FDCPA lawsuit?

Under the FDCPA, you may recover up to $1,000 in statutory damages per lawsuit, plus actual damages for any harm you suffered (such as emotional distress or lost wages), plus attorney's fees and court costs — which are typically paid by the debt collector, not by you.

Do I have to pay a debt collector who contacts me?

Not necessarily. Within 30 days of receiving the collector's initial written notice (called a validation notice), you have the right to send a written dispute demanding verification of the debt. The collector must stop collection efforts until it provides verification. Even if the debt is valid, you have rights regarding how and when the collector may contact you.

Being harassed by a debt collector?

Free, confidential case evaluation. No obligations.

Or call (540) 518-8953