Social Security And The Fair Debt Collection Practices Act
Social Security And The Fair Debt Collection Practices Act
Abusive debt collectors will come after you when applying for Social Security benefits
You Are Likely Dealing With Debt Collectors While Seeking Your Social Security Disability Benefits
Often Alabama consumers who are seeking Social Security Disability Insurance (SSDI) benefits have to deal with abusive debt collectors. Think of it this way — if you lose your job, and can’t work because of a disability, then you will apply for social security benefits.
But normally you are not awarded the social security benefits right away. There is a period where you are waiting.
Let’s be blunt — you wait a long time. Normally 15 months or longer.
15 months of no income.
What happens financially to you while you are waiting to be awarded your back benefits? Normally, you run out of money.
But the creditors keep calling. They turn accounts over to debt collectors. The debt collectors don’t care that you are seeking disability benefits . . . they just want to be paid.
And you want to pay them but you have to be smart and keep the lights on and a roof over your family’s head. So sure, some of the credit cards are not going to be paid as you have to prioritize.
Legitimate Debt Collection Is Fine But Abusive Debt Collection Is Never Allowed
Look, if you owe the debt, then it is fine for a debt collector to collect against you.
They simply need to follow the law. The most common law they should follow is the Fair Debt Collection Practices Act (FDCPA).
So, what does this law say is wrong?
Lying to you.
Being unfair to you — for example calling your neighbors or other “third parties” (anyone other than you or your spouse). Threatening to put you in jail or suing you after the statute of limitations has expired is also a violation of the law.
Take Action Against Abusive Collectors!
What do you do when they break the law? Our suggestion is to figure out if you have the right to sue the law breaking collection agency. You can call us at 205-879-2447 and we’ll help you understand your options in a no obligation consultation (usually by phone so it is convenient for you).
If you do have the right to sue, then consider doing that for two reasons.
First, suing the bullies tends to make them not want to bully you anymore. You can get some peace back in your life.
Second, you can be entitled to money damages from the abusive debt collector. That is money you can use to pay bills and to pay honorable debt collectors that are not breaking the law.
Remember that just because you have had a bad break in life and are facing a disability does not mean that collectors have the right to harass you and to break the law. If they harass you and break the law, consider suing them to make them stop and to receive the money damages you are entitled to receive.
Either give us a call at 205-879-2447 or you can fill out our contact form and we’ll get right back with you to help you think through your options.
Talk to you soon!