Legal Question in Credit and Debt Law in Louisiana
I had my debt cancel last year and now collection agency are calling for payment. Can I sue these collection agencies for harassment?
1 Answer from Attorneys
Yes. If a debt collector misrepresents the status of a debt (i.e., says that an extinguished debt is not extinguished), they are liable for any actual damages (if any), plus penalties of, I believe, $1,000 per occurrance under the Fair Debt Collection Practices Act. If they falsely report the debt to a credit reporting company (transunion, equifax, etc.), they can also be liable for similar penalties under the Fair Credit Reporting Act.
Both acts are federal acts, but you can sue for violation of them in state court, even in small claims court, where you don't need a lawyer to sue. There is a host of information online from the US government (and others) about both acts.