What kind of remedies are available for violations of collection defense law?
In Delaware, remedies available for violations of Collection Defense Law are divided into three main categories: damages, injunctive relief, and attorneys’ fees. Damages refer to compensation for losses incurred as a result of Collection Defense Law violations. This may include actual damages, such as the amount of money unlawfully collected, as well as punitive damages for the intentional violation of the law. Injunctive relief is a court order that prohibits an individual from unlawfully engaging in collection activities or enforces the performance of collection activities in a lawful manner. This type of relief may be necessary if a collection agency has repeatedly violated the Collection Defense Law and is continuing to do so. Attorneys’ fees are available to borrowers who have been affected by Collection Defense Law violations and have had to seek legal assistance in order to remedy the situation. Delaware law allows for reasonable fees to be recovered by the borrower when a Collection Defense Law violation has occurred. These remedies are available to any Delaware resident who has been affected by a violation of the Collection Defense Law. While these remedies may not be able to completely undo the harm caused by the violation, they can provide some financial compensation for the affected party and help to deter future violations of the law.
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