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Filing a Class Action Lawsuit to Fight Illegal Debt Collection (Part B)

If you are being pursued by an aggressive debt collector, you may be wondering if they can bring any legal action towards a debt that you owe. While they can, they must still follow certain guidelines when doing so. For instance, the debt collector must enforce an interest in real property and securing your obligation by bringing this action to a judicial district or similar entity in which the property is located.

It is unlawful to design and compile any form to create false belief in a consumer that a person other than the creditor is participating in the debt collection. A person who violates this concept is liable for failure to comply with the civil liability law and is committing illegal debt collection practices.

Fighting Illegal Debt Collection With the Help of a Massachusetts Lawyer

Any debt collector who fails to comply with fair debt collection practices could be held liable for actual damages, plus additional damages up to $1,000. In other words, if you are the subject of wrongful debt collection, and you choose to fight back with a lawsuit, you may be able to make the debt collector compensate you for the damages that they have caused.

If you are hesitant to take on a debt collection agency by yourself, and you believe that other consumers have been similarly wronged by the same company, you might consider filing a debt collection class action lawsuit in Massachusetts. A Massachusetts class action attorney can look at the factors in your case and determine if you and your fellow plaintiffs have the grounds for an illegal debt collection class action claim.

When determining the amount of liability in your Massachusetts debt collection case, the court must determine the frequency and persistence of the debt collector's noncompliance, and determine if the noncompliance was intentional or not. The number of persons affected would also play a role in determining the liability.

A debt collector might not be held liable if the agency shows evidence that the violation was not done intentionally and resulted from an innocent mistake.

Your attorney will work with you to collect the proper evidence needed to illustrate that the debt collector willfully and intentionally acted in violation of the Fair Debt Collection Practices Act against you and other consumers.

If you are a victim of illegal debt collection, the Massachusetts class action attorneys at Phillips & Garcia may be able to help you fight for your debt collection rights. If you have suffered from illegal debt collection, contact Phillips & Garcia today to schedule your free legal consultation - (877) 892-5620.

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