How to Take a Debt Collector to Court

If you have outstanding debt and are unable to pay your bills, you may find that your creditor has sold your debt to a debt collection agency. A debt collection agency may use a variety of tactics to collect the debt; however, they are bound by a certain set of laws and rules. If these rules are violated, you have the right to sue the collector. Hiring a lawyer specialized in consumer law is advised. Most debt collectors, however, settle out of court to avoid the steep legal fees associated with such cases.

Instructions

1

Know which practices are illegal for debt collection agencies. These include harassment, which includes the use of obscene language, repeatedly calling you to the point of annoyance, publishing your name to the public -- with the exception of credit reporting agencies -- or the use of violence. They are also forbidden from using false statements, such as misrepresenting themselves or the amount you owe. Debt collectors are also forbidden from using unfair practices, such as charging interest rates outside of the terms of the original debt. If a debt collector violates any of these rules, you have the right to take a collector to court.

2

Hire a lawyer experienced in consumer law. The National Association of Consumer Advocates, NACA, publishes a list of experienced consumer lawyers in your local area. An experienced consumer advocate will be familiar with the laws relevant to consumer rights with respect to debt collection and the violations of debt collection agencies. Most of these type of lawyers work on a contingency basis, which means that you will only need to pay their fees if you win the case or reach a settlement with the debt collection agency.

3

Sue the debt collector. This must be done within one year of the debt collector's violation. You will need to prove that the debt collector has violated the law. If the collector harassed you with phone calls, you must have the recordings of these phone calls to present in court. If the debt collector changed the conditions of the debt, you must prove this by comparing their terms with the original creditor. A debt collector may be sued in either a state or federal court.