Are debt collection lawsuits covered by the FDCPA?
Can I use the FDCPA against a debt collector who sues me in a collection lawsuit?
You’ve been sued by a debt collection agency, like Asset Acceptance, LVNV, Midland Funding , etc.
And you’ve heard about this law called the FDCPA, or the Fair Debt Collection Practices Act.
You may be wondering, “Does this law apply to the debt collection lawsuit that has been filed against me?”
Normally, the answer is yes
We have another article that talks about when the FDCPA applies.
You have to be a consumer.
It has to be personal, or consumer, debt.
You have to be dealing with a debt collector.
The FDCPA applies, assuming these three requirements have been met.
Under these circumstances, collection cases are considered collection activities.
This means that what they say in the lawsuit has to be true.
Let’s say that Midland sues you for $5,000, but you don’t actually owe them anything.
That would be an untrue statement.
It also means that they have to treat you fairly under the FDCPA.
Let’s say that Midland sues you after the Statute of Limitations has expired.
This is actually a very common occurrence.
If they do that, they would be violating the FDCPA.
Because the FDCPA states that if they sue you after the Statute of Limitations has expired, then the collection company is in violation of the law.
Yes, debt collection lawsuits are covered by the FDCPA
This means that the debt collectors have to follow the rules when they sue you. If they do follow the rules, that’s great.
But when they violate the rules, it is time to sue them in federal court for money damages.
Feel free to contact us
If you have a question about a collection lawsuit that has been filed against you, a lawsuit that the collector has threatened to bring against you, or maybe you’ve been successful in your collection lawsuit, contact us.
Feel free to call us at 1-205-879-2447, or you can fill out a contact form and we will gladly get in touch with you.
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