Can I sue a debt collector?
Yes, you can sue a debt collector in Kansas. According to the Consumer Debt Defense Law, a debtor may file a lawsuit against a debt collector if the collector has violated the law. The types of violations that can warrant a lawsuit include harassing phone calls, illegal threats, and improper collection methods. Under the Consumer Debt Defense Law, a debtor may seek the following forms of relief: damages, restitution, injunctive relief, and attorneys’ fees. For damages, the debtor may seek recoverable damages, such as actual and consequential damages, emotional distress damages, and treble damages. Restitution is when a court orders a debt collector to repay a debtor for any money collected but not owed. Injunctive relief is when a court orders the debt collector to stop their illegal practices. Lastly, attorneys’ fees are when the court orders the debt collector to pay the debtor’s legal fees. In order to successfully sue a debt collector, the debtor must prove that the debt collector violated the Consumer Debt Defense Law. Additionally, the debtor must provide evidence to support their claim. This can be done by collecting evidence such as phone records, collection notices, and recordings of conversations with the debt collector. It is important to note that a lawsuit should only be filed against a debt collector if they have violated the law. If you believe that you have been treated unfairly or illegally by a debt collector, speaking to an attorney may be the best option.
Related FAQs
What are the penalties for violating the Fair Debt Collection Practices Act?How do I dispute a debt collection on my credit report?
How do I file a complaint against a debt collector?
What is the statute of limitations on credit card debt?
Can a debt collector call me at work?
What is a judgment?
Can I be held liable for a debt if I co-signed a loan?
What happens if I don’t pay a debt in full?
Can a debt collector charge interest or late fees on my debt?
What is a cease and desist letter?
Related Blog Posts
How To Protect Your Rights Before Entering Into A Consumer Debt Defense Agreement - July 31, 20235 Benefits of Hiring An Experienced Consumer Debt Defense Lawyer - August 7, 2023
10 Consumer Debt Defense Strategies You Need to Know - August 14, 2023
The Impact of Recent Changes to Consumer Debt Defense Laws on Your Rights - August 21, 2023
Understanding Your Rights:What To Know About Consumer Debt Defense Law - August 28, 2023