Abusive Debt Collectors

You CAN fight back against abusive debt collectors.   The laws (including the FDCPA — Fair Debt Collection Practices Act) are on your side and juries understand abusive debt collectors must be stopped.  Discover your rights and take immediate action now.  You can learn from our articles and videos and then call us when you are ready to turn the tables on abusive debt collectors.  Call us at 205-879-2447 — we will be glad to help you.  John Watts

FDCPA: What are punitive damages against abusive debt collectors?

FDCPA: What are punitive damages against abusive debt collectors? So you’re suing an abusive debt collector under the FDCPA (Fair Debt Collection Practices Act), and you’re wondering, “How do I get punitive damages under the FDCPA?” This is actually a bit of a trick question. You can’t get punitive damages under the FDCPA. If you only sue a debt collector for punitive damages, it won’t happen under the FDCPA. However, almost every case we’ve had against abusive debt collectors under… (Read more)


FDCPA Violation: Abusive Language From Debt Collectors

FDCPA Violation: Abusive Language From Debt Collectors So you’re dealing with a debt collector, and they start using harsh language towards you. Does that violate the FDCPA (Fair Debt Collection Practices Act)? Yes, it does. When they use language that harassing or offensive, the debt collectors are breaking the law. You may be wondering, “Well, what is abusive language under the FDCPA?” It could be the debt collector cussing you out, or the collect may be making improper threats against… (Read more)


What is a removal of my case from state court to federal court?

What is a removal of my case from state court to federal court? This is where a state case is moved (“removed”) to federal court. So the case literally started in state court and now is transferred to federal court.  That’s basically what this means. This is the right of a defendant who is sued in state court if one of two things has happened. The first situation is when there’s a federal claim involved. Let’s say you sue an… (Read more)


How much can I get in statutory damages under the FDCPA?

How much money can you receive in statutory damages against an abusive debt collector? You can receive up to $1,000.00 in statutory damages under the FDCPA (Fair Debt Collection Practices Act). Note:  This is different than the TCPA (Telephone Consumer Protection Act) where you can receive statutory damages of up to $1500 per illegal call/text. Let’s talk about: What are statutory damages in general? What are the factors in how much you can receive? Examples of statutory violations that would… (Read more)


My debt collection lawsuit was dismissed with prejudice — now what?

Problem of being sued becomes a great opportunity when you win — when the case is dismissed with prejudice Summary If you were sued by a debt collector (debt buyer) and your case was dismissed with prejudice, then this is the same as winning your case.  (I’m not talking about a settlement but where the court does this outside of a settlement).  And we are only talking about Alabama law — other states may be different. As a dismissal with… (Read more)


Where can I sue debt collectors under the FDCPA — state or federal court?

Which way do you go — do you file in state court or federal court when suing an abusive debt collector? You are tired of dealing with abusive debt collectors so you are going to sue them under the FDCPA (Fair Debt Collection Practices Act).  But the question becomes:  Where do you sue?  State or federal court? You can sue in either court under the FDCPA You have the option — sue in state or in federal court. Let’s look… (Read more)