At Berkowitz Law Group, we know how stressful and humiliating it can be when you are harassed by a debt collector or creditor. Fortunately, we are here to help. You have rights! The good news is that we can take most cases on a contingency basis.

That means that our fees are paid by the Creditor, not you. We have included some useful information to help you better understand if you have been on the receiving end of a debt collector’s unscrupulous tactics.

If you believe that you might have been the victim of creditor harassment please call and speak to one of our knowledgeable attorneys right away.

False Statements and Fraudulent Debt Collection Practices:

A federal statute known as the Fair Debt Collection Practices Act (often called the FDCPA) and a Florida Statute known as the Florida Consumer Collection Practices Act (FCCPA) give you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed by the act (and their are many).

Creditor Actions that may Violate the FDCPA include:

• Contact your employer about the debt.
   
• Call you everyday.
   
• Sell the debt to another company for the purposes of continuing collection on a time-barred debt.
   
• Contact neighbors about the debt.
   
• Contact any family members about the debt.
   
• Contact the Department of Homeland Security about your alien status.
   
• Threaten imprisonment or criminal punishment.
   
• Report a financed vehicle as "stolen" because you missed one or more vehicle payments.
   
• File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you.
   
• Sue when there is no authority to sue.
   
• Collect or sue for "collection costs," "attorney's fees," (see also below) interest not pre-agreed to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect. For instance, the collector cannot threaten to add attorney's fees or his fees where the agreement you signed does not specifically provide for them. Let's say you went to the dentist and just signed consent form and a medical history. You agreed to pay for all charges if your insurance did not. Nothing is mentioned about anything else. The collector cannot add any other fees or even and especially, his costs, late fees or other charges.
   
• Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.
   
• Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not.

Read More About Your Rights to Stop Harassments by Debt Collectors >>