The Fair Debt Collection Practices Act or FDCPA protects the clients against illegal practices or unfair tactics being adopted by the creditor. For instance, under this act it is being stated that the creditor cannot give you threat to cause physical injury or that he cannot give you threat to put you in prison. Plus, he cannot use abusive language or he cannot sue you unless he has gathered enough legal evidence or valid witness against you. If you feel that there is violation of Fair Debt Collection Practices Act, then it is advisable that you should talk to a proficient lawyer in order to seek his advice as much as you can.
The first step that you should follow is to make a long list of details about him such as keep a note of your conversation with him, write down the exact date as well as time he has called you, and so on. It is vital that you should keep a track of all the details of correspondence with him. It is vital that you should keep copies of the letters you have already sent him. If possible, it is advisable that you should record all the abusive voice mails you have received from him in the best possible way.
The next step that you should follow is to file your complaint against the creditor with the Federal Trade Commission absolutely at free of cost. Once you make this type of complaint it is vital that you should keep one copy of your complaint with you.
You should then request your witnesses to give you sworn statements as quickly as possible. For instance, if your colleague gets repeated calls from the creditor even after your repeated requests to stop this kind of activity, it is vital that you should request your colleague to create a valuable statement along with relevant details. You should also always keep a copy of this type of statement along with you.
Before you actually file a lawsuit against your creditor, it is advisable that you should get one copy of Fair Debt Collection Practices Act from the website of the Federal Trade Commission. You can also visit a local library in order to locate federal law book that contains details of this particular act.
You should use this particular act as your point of reference and you should write down the details of violations of Fair Debt Collection Practices Act you think you have suffered from till date. It is vital that you should write down exact section, number and other aspects which you think that your creditor has violated.
You should identify the right court along with jurisdiction in order to file your case. Once you identify it the next step that you should follow is to go there, submit your list of FDCPA violations you have suffered and you can request your court clerk to give you this type of form as soon as possible.
The next step that you should follow is to complete this type of form as much as you can. In fact, these forms differ from one area to the other and you usually need the address, name of your business, the nature of the lawsuit as well as types of damages you have incurred. All you have to do is to write down violations of the FDCPA, you have suffered and it is important that you should also mention them on this kind of form.
The final step that you should follow is to file this type of form on the court as soon as possible and that you should request for one copy of the same along with stamp without any kind of delay.