Can I sue for damages if I have been the victim of deceptive collection practices?
Yes, you can sue for damages if you have been the victim of deceptive collection practices in Delaware. Under Delaware’s Collection Defense Law, a consumer can sue a debt collector in either state court or in small claims court for any violation of the act. The consumer may seek actual damages, including potential monetary relief for emotional distress caused by the collector’s behavior, as well as additional relief such as attorney’s fees and costs. If it is found that the debt collector violated the Collection Defense Law, the consumer can receive damages based on the severity and duration of the violation. Damages may include but are not limited to the amount of money that was illegally collected by the debt collector or any other fees incorrectly charged or collected from the consumer. It is important to note that Delaware does not allow the consumer to recoup punitive damages. Additionally, the consumer may be able to seek the imposition of an administrative fine against a debt collector; however, a consumer cannot pursue such a fine in a court suit. The fines that are imposed may be paid to the consumer that was violated. In order to sue for damages, the consumer must show that the debt collector has in fact violated the Collection Defense Law. Evidence of the violation must be provided in order for the proceedings to move forward. If you feel that you have been wrongfully targeted by a debt collector, it is important to speak with an attorney to learn how to best proceed.
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