FAQs

Q: If a debt collector violates the FDCPA, does that mean I don't have to pay the debt?

Not necessarily. While FDCPA violations give you the right to sue for damages and potentially stop collection through those illegal means, the underlying debt may still be valid . However, FDCPA violations can be a strong negotiating point for settling the debt [Information not explicitly found in the provided sources but is general debt collection knowledge. If required to strictly adhere to sources, this answer could be rephrased to focus on the remedies for the violation].

Q: What is "debt validation," and why is it important?

Debt validation is your right to request that a debt collector provide proof that the debt is valid and that they have the right to collect it . This forces the collector to provide information like the original creditor, the original account number, and documentation of the debt. If they cannot validate the debt, they may be required to stop collection efforts.

Q: What is a "cease and desist" letter, and how can it help with FDCPA violations?

A cease and desist (or cease communication) letter is a written notice to a debt collector demanding that they stop contacting you . Under the FDCPA, once they receive this letter, they must stop all communication except to notify you of specific actions they may take, such as filing a lawsuit.

Q: How long do I have to sue a debt collector for FDCPA violations?

There is a one-year statute of limitations from the date of the FDCPA violation to file a lawsuit [Information not explicitly found in the provided sources, but is general FDCPA knowledge. If required to strictly adhere to sources, this question might be omitted or phrased differently, e.g., "What is the timeframe for taking action on FDCPA violations? Consult with an attorney for specific deadlines."].

Q: Can I sue a debt collector for violating the FDCPA?

Yes, you have the right to sue a debt collector who violates the FDCPA. You can potentially recover statutory damages (up to $1,000 per violation), actual damages (like emotional distress or financial losses), and have your attorney's fees and court costs paid by the debt collector if you win .

Q: What should I do if I think a debt collector has violated the FDCPA?

Document everything , including dates, times, names, and the details of the communication. You should also consider sending a written request for debt validation . It is advisable to consult with a consumer law attorney to understand your rights and options.

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J. Gannon Helstowski Law Firm

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Colleyville, TX 76034

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FAQs

If a debt collector violates the FDCPA, does that mean I don’t have to pay the debt?

What is “debt validation,” and why is it important?

What is a “cease and desist” letter, and how can it help with FDCPA violations?

How long do I have to sue a debt collector for FDCPA violations?

Can I sue a debt collector for violating the FDCPA?

What should I do if I think a debt collector has violated the FDCPA?

Get a complimentary personal consultation.

Other Practice Areas

Overview

J. Gannon Helstowski Law Firm