Inability to pay off a debt on time may have certain reasons - termination from job, a sudden death in the family, and such others. In such a circumstance, the possibility of contacted by a debt collection agent or agency is always there. As long as it is not damaging, you need not take any action - other than paying off the debt or negotiating it with the creditor.
However, if the debt collection practices of the agent/agency are abusive, threatening, and damaging to you or your family, you need to consider taking action to put a stop to these. If you do not have a clear idea about which practices are legal and which are not, or how to approach the matter, you need to consult a debt collection attorney.
As per the federal Fair Debt Collection Practices Act (FDCPA) as well as its state equivalent, certain collection practices are legal while others are not. The agent/agency may call you, but not at unearthly hours or unsuitable places. They may not call you incessantly with the aim of harassing you. Florida laws also make it essential for them to identify themselves during each call.
Moreover, after the agent/agency contacts you for the first time, they need to send you a written notification of your debt within 5 days. If you do not wish them to contact you further, they may not do so, unless they want to notify you of the legal action they are going to take or to notify you that no further contact would be there.
If any particular practice feels distressing or abusive, you need to talk to a somekeyword. He/she would help interpret the law and let you have a clear idea about which practices fall within the illegal category. He/she can also help you file a complaint with the right agencies (federal and/or state), and assess whether it necessitates the filing of a suit.
The first step is to file a complaint at -
The Federal Trade Commission (Correspondence Branch, Washington, D.C. 20580)
The Office of Financial Regulation, under the Office of the Attorney General of Florida
The next step, which you may or may not take, is to file a lawsuit at a civil court. If your attorney is capable of establishing the violation of the federal or state legal directives, you may be able to recover actual damages as well as court costs and attorney fees from the collection agency.
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