Debt collection agencies are prohibited, by law, from threatening, intimidating, or otherwise harassing debtors for payment. Unfortunately, debt collection agencies are notorious for violating the Fair Debt Collection Practices Act (FDCPA) and harassing debtors anyway. If you’re currently being harassed by a debt collector, you may feel frightened, overwhelmed, and unsure of where to turn. Fortunately, if you’re reading this, you’ve come to the right place. The seasoned New Mexico consumer lawyers at Feferman, Warren & Mattison have decades of experience suing debt collection agencies that are violating federal law, and they’re here to fight for you, too. Contact our debt collection harassment lawyers today.
Here at Feferman, Warren & Mattison, we have extensive experience suing debt collectors for:
Congress passed a law, the Fair Debt Collection Practices Act, which makes debt collection harassment illegal. This law gives debtors many rights, including the right to stop the debt collector from harassing the debtor. If the debt collector contacts a debtor in an attempt to collect a debt after the debt collector has received a letter that (1) identifies the alleged debt that the collector is trying to collect and (2) asks the debt collector to “cease all communication” with the debtor, the debt collector violates the FDCPA. Because debt collectors often claim that they did not receive these “cease communication” letters, it is best to send a “cease communication” letter by certified mail, return receipt requested, and keep a copy of the letter.
Harassment by debt collectors can be stressful and intimidating, but you have rights under the Fair Debt Collection Practices Act (FDCPA) and other consumer protection laws.
Many consumers choose to keep records of every communication from a debt collector, including voicemails, call logs, letters, emails, or texts. Documentation can later serve as important evidence if an attorney needs to prove violations of consumer protection laws.
Under federal law, debt collectors are prohibited from using threats, obscene language, or repeated phone calls intended to harass or intimidate. They also cannot contact your employer after being asked not to, or discuss your debt with others.
Federal law gives consumers the right to request written verification of an alleged debt before acknowledging or making payments. This process, commonly called debt validation, requires the collector to confirm the original creditor, the amount owed, and proof that they have legal authority to collect.
Consumers can ask collectors in writing to stop further communication. Once such a request is received, collectors are typically limited to one final notice confirming either that collection efforts will end or that a specific legal action may be taken.
If harassment continues after this point, you may have grounds for legal relief under the FDCPA.
Occasionally, collectors may attempt to sue over old or time-barred debts. Even if a claim seems invalid, it’s crucial to take any legal notice seriously. Courts can still enter judgments if you fail to respond.
If you receive lawsuit papers, reach out to an attorney right away. Legal representation can help ensure deadlines are met and that your defenses are properly raised.
Our legal team helps individuals across New Mexico document harassment, evaluate debt collection claims, and take appropriate legal action when rights are violated. We can review communications, handle correspondence with collectors, and represent you in court if necessary.
Don’t face harassment from debt collectors without a competent, aggressive legal team in your corner. The skilled New Mexico debt collection harassment lawyers here at Feferman, Warren & Mattison stand ready to effectively represent your interests and fight for the justice you deserve. Contact our firm today for a free initial consultation.
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