“If I owe the debt, I can’t sue an abusive debt collector, right?”


“If I owe the debt, I can’t sue an abusive debt collector, right?”

“If I owe the debt, I can't sue an abusive debt collector, right?”The idea behind this question is the thought that “since I owe the debt, the debt collector can do whatever they want, right?” That just simply isn’t the answer.

Here’s why.

Owing a debt and abusive debt collection are different

There’s a difference between owing a debt, and abusive debt collection. Now, the debt collectors who are willing to break the law want to put these two things together and say,

“Well, if you owe the debt, it must be okay for us to do whatever we want.”

But that’s not the law.

In other words, owing a debt is not an excuse for a debt collector to violate federal law.

Whether or not you owe a debt, the debt collector must treat you fairly under the FDCPA

Whether you owe the debt, or whether you don’t owe the debt (however in this case we’re talking about if you do owe the debt) the debt collector must still treat you fairly under the FDCPA, the Fair Debt Collection Practices Act.

So they have to follow that law.

Let’s look at a few reasons why they do.

Because this is the law

Just like driving down the road, you have to obey the speed limit. Just like obeying the laws for paying taxes.

There’s all sorts of laws we have to obey.

Debt collectors have to abide by the FDCPA.

Because if debt collectors break the law, it is unfair to honorable debt collectors who follow the law

The other reason isactually built right into the text of the FDCPA that it if you have these dishonorable debt collectors that are willing to break the law, then that is unfair to the debt collectors who follow the law.

You see, the guys who break the law, they have this unfair competitive advantage over the folks that follow the law.

Let’s describe it this way:

Imagine if one football team has 13 players on the field.

Is that an advantage to them? Absolutely.

Is that fair? No!

What do we do? We penalize them.

Well, when we have these debt collectors that are willing to break the law, and they knowingly break the law, that is very unfair to the competitor down the street who says, “You know what, I want to stay within the bounds of the law. I am not going to break it.”

Even abusive debt collectors admit there is a line that must not be crossed

So, the guy who calls your family, and your co-workers, threatening to throw you in jail, if you ask him, “Is it okay to go to the consumer’s house and kick down their door?”

They’ll say, “Well, no. That would be going over the line.”

“Well, is it okay to go up to someone who owes the debt, and shoot them in the legs with a shotgun?”

Although it may be effective to get them to pay they’ll say, “No no no, that’s too far.”

They always say that they get up right next to the line, though.

So, they think calling your family members, your co-workers, putting false information on your credit report, all the things they do, (and we talk about these issues in other articles and videos) they think that’s okay.

It’s really not.

But even they will admit that there is abusive debt collection.

So what should you do if you know or suspect a debt collector has broken the law?

You can give us a call at 1-205-879-2447.

My name is John G. Watts.

If you have a general question to ask, you can comment on this article.

Please feel free to share this article and video on Facebook, Twitter, or wherever you would like.

If you have a specific question to ask us about a particular debt collector, what they’re doing, or what they’re threatening to do that violates the law, please give us a call, 1-205-879-2447.

You’re also welcome to contact us by filling out a form.

Best Wishes.

-John G. Watts

 

 

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