How to Sue a Collection Agency for Illegal Collection Practices

Debt collection agencies operate by purchasing debts from credit card companies and other creditors, collecting the owed amount in place of the original debt owner. Some collection agencies attempt to collect owed debts by using harassment and other practices that aren't allowed by federal consumer protection laws such as the Fair Debt Collection Practices Act. If collection agencies use illegal tactics to try to collect debts, the debtor who has his rights violated may choose to file a lawsuit against the agency.

Instructions

1

Collect evidence to prove that illegal collection practices have occurred. Keep copies of harassing letters, record the time of each collections call, save all voice mails or answering machine messages in which the collection agency harasses you and record telephone conversations with representatives of the agency, if possible.

2

File complaints with the attorney general's office for your state and with the Federal Trade Commission to further document the harassment. These agencies may conduct an investigation into the debt collection practices of the agency as well, issuing fines or other penalties if they find the agency to be in violation of state or federal debt collection and consumer protection laws.

3

Contact an attorney who specializes in credit card law, informing him of your intention to file a lawsuit against the agency for harassment or other illegal debt collection practices. Provide him with the evidence you have collected that documents the harassment or other action, as well as the names and contact information of friends, co-workers or family members who have witnessed or been exposed to the harassment.

4

Make all court appearances once the lawsuit has been filed. Failure to appear in court can result in the lawsuit being dismissed or found in favor of the collection agency, resulting in you losing the lawsuit and potentially opening you up to a lawsuit from the agency.

5

Follow the advice of your attorney throughout the lawsuit. Her specialization in credit card law and similar collection cases ensures that she is familiar with the proceedings of lawsuits against collection agencies, and her advice is intended to help you to win a judgment against the agency.