can I sue a creditor for violating the FDCPA?

Question

I filed bankruptcy last year, since then a creditor has been calling my friends and family and writing them letters to attempt collection. They have also put a lean against my bank account. Can I sue them for damages?

First off, thank you all for the great answers. Second, to follow up about the bank account, my creditor outsourced a third party collection agency, so while the creditor was notified, the other agency wasn't. They did get a court order for my bank account, because I never received a subpoena for the matter. In fact, the creditor never actually attempted to contact me directly, thoug they hd my info, they called and sent letters to mine and my roomates references for me. I didn't know anything until my bank acccount was negative 1600 one morning and I started looking into it. Also my lawyers dodging my calls so I'm in a bit of a rut.

Answer 1

You can sue a collection agency under the FDCPA for those violations.
You cannot sue an original creditor under the FDCPA.

The FDCPA is easy to read, click on my profile and click on the link to it.

edited to add:
States statutes generally have great laws that protect the credit consumer - never overlook your own state statutes if you plan on suing a collection agency.

Answer 2

If they violate any of the rules they can.

Once you file for Bankruptcy there is an automatic stay placed on the creditors that they are not allowed to attempt to collect the debt until the Bankruptcy is either Disallowed or Discharged. Once it is Discharged they can no longer attempt to collect the debt from you.

So you need to make sure this creditor was included in the Bankruptcy. If not and the debt was incurred before you filed you need to have your Attorney add them.

If they were included there is no way they could have legally attached your bank account. The only way they could have is if they were not included(and so would not have known), and/or you ignored the court summons for the case and did not go to court or let them know that it should have been in the Bankruptcy.

So there seems to be some information missing. You should talk to the lawyer who did your bankruptcy and make sure everything is okay.

Answer 3

they do no longer might want to get rid of something because you despatched a letter. Their verification must be only a letter asserting "We ascertain this." they doesn't deliver you a letter mendacity about an legal professional, they probably have one on retainer. they ought to have obeyed your give up and desist, in spite of the indisputable fact that that's uncertain how they violated it, on your eyes. by using persevering with to record? that doesn't fall below the give up and desist.

Answer 4

yes you can

the creditor is not alowed by state law to be calling your friends or family or employer at all. it is against state law

you can file a restraing order and harrasment charge also because he/she is contating friends and family

so you have a lawsuit and a valid complaint also

Answer 5

If you have been discharged from bankruptcy you can. If not, have your trustee or bankruptcy lawyer deal with them.

If you are not discharged, any money you get from suing will be paid into the estate.