Consumer Law

Can I Sue An Abusive Debt Collector Even If I Don't Record The Calls?

By M. Stan Herring

Yes -- recording the abusive calls is not a requirement to sue or even to successfully sue a debt collector who is abusing you.

It is always nice to have recorded calls (just make sure they are legally recorded) but it is not a requirement.

The Fair Debt Collection Practices Act (FDCPA) prohibits all sorts of abusive conduct. It does not require you have tapes or recordings to prove your claims.

Instead, just like in any other trial, if you offer evidence that the jury believes, you win.

So, the key is to do everything you can to increase your credibility. Never exagerate. Keep good records. Can you document the calls on your cell phone or through your caller ID? Take pictures of those. Keep a notebook by the phone and write down the calls.

Every FDCPA case we have involves the defense lawyer lecturing us on "Our notes don't show that we cussed at your client or lied to your client so it must not have happened."

Really? That's a shocker! The collectors don't write down the truth when the truth would get them fired. Wow. Didn't see that one coming! :)

Bottom line is when you are a truthful person and you testify with authenticity and honesty, you increase your chance of a jury understanding your testimony and believing you. And when the Defendant debt collection agency knows that a jury may believe you, then it is more likely to settle with you before the case is tried.

So you don't need recordings. You need the truth and you need to be authentic.

If you live in Alabama and have questions about debt collectors and the way they are treating you, feel free to contact us through our website or by calling 205-879-2447.

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Full post as published by Alabama Consumer Blog on February 23, 2011 (boomark / email).