Federal and Alabama state law give you the right to sue a debt collector that violates your rights. For violations of federal law, you may sue for damages caused by the violator, including mental or emotional distress, statutory damages and your attorney’s fees. You may also sue under state law for punitive damages.
Your right under federal law to collect attorney fees from the violator is very important because it allows a consumer attorney to bring suit for you in many cases without any up-front cost to you. Your attorney is paid out of the money received from the violator.
Suits may be brought directly against the violator or as “counterclaims” against the debt collector if it sues you. Suits under the federal law must be filed within one year of the date of the violation. Alabama state law claims are subject to longer limitations periods, usually two years.
Remember- any claim you may have under federal law must be filed within one year, so don’t delay. If you think you have a claim, contact a consumer rights attorney now.
There are important and very real disclaimers attached to the information provided here, including a reminder that this site is not intended to provide state law information for any state other than Alabama and that the information provided is not intended as, and can not be a substitute for, legal advice addressing your specific situation. For more, go to legal disclaimer.