Unfair Debt Collection: Threatening Phone Calls

One of the most frustrating things that I hear as a Florida foreclosure defense attorney is that the bank is making threatening phone calls to my client. The facts of each call are unique, but the patters are reoccurring. Often times, these phone calls are illegal and the recipient of such calls may be entitled to money damages from the debt collector or bank. The most common or frustrating debt collection phone calls that my clients tell me about are:
(1) “Your home has been set for sale on June 1, 2013, if you dont pay us X amount of dollars by then, we will sell your home“.   This phone call is totally inappropriate when I look up the docket and see that my motion to dismiss has yet to be heard and absolutely no sale date has been set by the only person that matters, the Judge!
(2) When a bank or credit card company   swears at, calls obsessively, calls is the middle of the night, or tries to belittle my clients. I.e., “We know that you owe us the money, and if you dont pay us today, we are going to keep calling, day and night, until we get paid.”
(3) Some debtor collectors even go so far as to threaten to or actually contact your employer in an attempt to try to collect a debt from you. “I.e., Jane Doe, your employee owes us money, you should really talk to her about paying her bills.” or “If you dont pay me today, I am going to call your boss.”
(4) When a bank calls my client without permission, knowing that he or she is represented by an attorney. “We know you are represented by Matt Weidner, P.A., but we want to talk to you about the money you owe us.”
(5) Sometimes its not about what the bank says, but what they dont say. Often times debt collection companies will try to conceal their true identify from you. I.e., You may ask, who is calling, and the debt collector does not mention that they work for a bank or credit card companies
If you have been a victim of any of these practices, you may be entitled to sue the banks, credit card companies, or debt collection companies. The facts of every client’s individual circumstances and the results obtained for every client vary. As our office sees more of these violations, we are interesting in seeking justice for consumers by suing the banks.
Let us know about your experiences.