subject: Should I Sue A Collection Agency? [print this page] If you have ever got a phone call from a debt collector you fit in this category. It's terrible getting collection calls and the collectors get down right dirty sometimes. So let's sue them, right? Unfortunately, that is probably not the best idea.
Going after a collection agency may seem to be the best way to correct harassing collection calls or even unjust debt that they have reported to your credit. The issue is that close to 999 out of 1000 times this is not the correct way to go about this. You may even be 100% correct and they 100% in the wrong. This still doesn't mean that you will for sure win the lawsuit.
The first thing that you would have to do is prove, beyond a reasonable doubt, that something was unjustly placed on your credit or you were harassed intentionally. This can hardly ever be done. First, we look at the harassing phone calls point of view. You need to be able to prove that they said something that actually violated the law. Do you really know exactly what they can't say and what they can? You also need to have your phone calls recorded and actually stored somewhere. Do you record your every phone call? I know I don't.
The next viewpoint is if they are placing an unjust debt on your credit. This one isn't as hard to win, although its still not easy. This is very difficult to do because the agency has a legal right to a "bona-fide error" clause. This unfortunately, is basically a bailout for them.
You will find many places here and there that will tell you that if a debt collector doesn't do one thing or another that you can file suit for $1,000 for each violation. They are in the right. Will you probably win it? I doubt it.
The bona-fide error clause makes you prove beyond a reasonable doubt that they intentionally violated the law. This is nearly impossible to do beyond a reasonable doubt. Reasonable doubt doesn't have to be any more than someone new "accidentally" filed paperwork incorrectly and their off the hook.
To conclude, taking legal action against a debt collector because of a violation of the Fair Debt Collection Practices act isn't usually the best idea. If you end up losing then you end up pay all the attorney fees. Can you afford the attorney fees when your in debt? Now instead, what you should do is record all violations and you the proof you gathered as leverage and clean up your credit report
