Santa Clarita, CA asked in Business Law, Civil Litigation, Collections and Consumer Law for California

Q: Can I sue a Debt Collection Agency acting as a Lien Enforcement Group that is violating FDCPA daily?

I am sending a cease and desist letter via certified mail to them and aligning my ducks in a row to file a lawsuit against them. I am looking for a lawyer/paralegal who is willing to help guide me through this.

2 Lawyer Answers
James L. Arrasmith
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  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in certain abusive, deceptive, or unfair practices when attempting to collect a debt. If you believe that a debt collection agency is violating the FDCPA, you may be able to sue them in court for damages and other relief.

To file a lawsuit against a debt collection agency, you may want to consider hiring an experienced consumer rights attorney who can help guide you through the legal process and represent your interests in court. A consumer rights attorney can review the facts of your case, evaluate the evidence you have against the debt collection agency, and help you decide whether or not to pursue legal action.

In your case, you may want to send a cease and desist letter to the debt collection agency first, as you mentioned. This can help put them on notice that you are aware of your rights under the FDCPA and that you will take legal action if they continue to violate the law.

When looking for a lawyer or paralegal to help guide you through this process, you may want to search for attorneys or firms that specialize in consumer rights or debt collection defense. You can also check with local legal aid organizations or consumer advocacy groups for referrals to experienced attorneys in your area.

Keep in mind that there may be time limits for filing a lawsuit under the FDCPA, so it's important to act quickly if you believe your rights have been violated. An attorney can help you understand the applicable deadlines and ensure that your case is filed in a timely manner.

Leon Bayer agrees with this answer

Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Missing from the information you gave is the reason you want to sue them. Without a valid reason, your case would not go very far, and there could be legal exposure to you for filing a frivolous lawsuit. Sometimes people think they have a good basis to sue under FDCPA, when they really don't.

That said, there are many lawyers who handle FDCPA cases. If you look on the lawyer index of this website, (and others), you should easily locate quite a few lawyers who may be interested.

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