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Click to Call
CHAT

Shreveport
318-550-4873

Alexandria
318-598-4100

Lafayette
337-205-0492

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Simon Fitzgerald LLC

Shreveport
318-550-4873

Alexandria
318-598-4100

Lafayette
337-205-0492

We are still taking clients during COVID-19 and taking extra precautions to protect our staff and clients.
Are you facing debt collector misrepresentation?
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Are you facing debt collector misrepresentation?

| Jan 30, 2021 | Bankruptcy |

Dealing with debt can easily put you into a frazzled state of mind. Unfortunately, there are some debt collectors who would take advantage of that. They would use scare tactics and manipulation to unsettle you and get what they want.

But the law disallows both harassment and misrepresentation from debt collectors. Is that what you are currently up against?

Misrepresentation of authority

The Consumer Financial Protection Bureau lists all you need to know about debt collectors. Under the Fair Debt Collection Practices Act, debt collectors must limit their collection tactics. They cannot do anything that constitutes as harassment, like calling you repeatedly. They also cannot misrepresent themselves.

In this context, misrepresentation can take several forms. First, they may misrepresent the authority they have. Some may pretend to be lawyers, attorneys or legal experts when they are not. They might also threaten to have you arrested when they have no warrant or means to get one.

Use of threats and exaggeration

Threats already toe the line of harassment. They also cannot make threats they have no legal power to do. On top of that, they cannot make threats that they have no intention on following through with just for the sake of giving you a scare.

Another tactic debtors use involves misrepresenting the amount that you owe. They may exaggerate to make your situation seem more dire than it is. This can give false threats of arrest more weight.

Rather than reacting immediately to any threat from a debt collector, consider contacting a true legal expert first. They can help walk you through the situation and explain what protections you have against debt collectors.

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