How to Sue Debt Collectors for FDCPA
Violations, Harassment and Abuse
The biggest secret in the debt collection industry is
that upwards of ninety-eight percent of legitimate consumer
filed Fair Debt Collection Practices Act (FDCPA) lawsuits
are settled before they make it to a courtroom.
Many times a debt collection company will make an offer
of settlement immediately after they file an answer to your
complaint. I go into more detail as to why they do settle in
I know firsthand, as I have filed many FDCPA lawsuits
against collectors and collection law firms. In addition I
have performed thousands and thousands of hours of legal
research including FDCPA (lawsuit) filings. In all but a
very small handful of cases, the lawsuits were settled
before going to trial.
This book is just one of
several reasons why they call me the "Most
Dangerous Consumer in America".
This is the official website of Allen's consumer book on
How to Sue Debt Collectors and how to Stop Debt Collectors
in their tracks. The book will cover how to identify illegal
and abusive debt collection tactics, how to catch (trap) the
collectors and how to sue them in court.
Harkleroad, the author, is a longtime veteran of defending
himself in court against debt collectors (and winning), and
suing debt collectors for illegal collections (and winning).
He shares his knowledge, years of experience, skills, and
thousands of hours of research so that other consumers can
fight back and stop abusive debt collectors.
Learn How to Sue Debt Collectors that break the law and
stop the debt collectors cold. Don't get mad, get even and
The book is an easy to understand step-by-step guide with
real life examples and stuffed full of tips and tricks on
stopping debt collectors and profiting from their abuse. the
books covers fair debt collection practices act (FDCPA),
fair credit reporting act (FCRA), and the telephone consumer
protection act (TCPA) that debt collectors frequently use to
278 pages in 8x10 print format
Publishing Date: June 27, 2011
Suing Abusive Debt Collectors - Table of Contents
Chapter One – How to Use This Book
Chapter Two – Illegal Collections and How to Identify
Original Creditor and Third party debt
collectors (junk debt collectors or assignees of the
FDCPA – Fair Debt Collection
FCRA – Fair Credit Reporting Act
TCPA – Telephone Consumer Protection Act
Laws - Overview
Chapter Three – How to Catch Them in
Lack of Disclosure
Letters Can Be Your Best Friend
False Statements and
Fraudulent Collection Practices
Chapter Four – Preparing Your Case
Who Exactly Behind the Collections?
Initial Steps in Filing Suit
Chapter Five –
Court Rules (Rules of Civil Procedure)
Filing the Complaint
Serving the Complaint, Order
of Entry and Summons
More Often than Not They Will
Offer to Settle at This Point
Chapter 6 – Settle or
Continue the Suit?
Federal Rule 408 - Compromise and
Offers to Compromise
Chapter 7 – Legal Precedents,
Pro Se Legal Resources and How To Use Them
Decisions and Citations to Support Your Claims
Chapter 8 – FDCPA, FCRA, and TCPA Official Code
Excerpt from the book
This book is written with consumers in mind,
primarily for those who have been harassed, or abused,
by unscrupulous debt collectors. Much of the information
included are from the authors own real-life experiences.
The author will show you how to identify illegal
collection tactics, how to prepare evidence and how to
file a lawsuit against a debt collector.
are reading this book then you are probably at your wits
end and most likely have been harassed or abused by one
or more debt collectors. It is time to turn the tables
on illegal debt collections and hit them where it hurts,
in the wallet.
The big secret in the debt
collection industry is that in upwards of ninety-eight
percent of legitimate consumer filed Fair Debt
Collection Practices Act (FDCPA) lawsuits the collection
company will settle before they case every makes it to a
court room. Many times an offer of settlement is made as
soon as the collection company files an answer to your
com-plaint. I will go into more detail as to why they do
often settle later in the book.
I know, because I
have filed many FDCPA lawsuits against collectors and
through my thousands of hours of legal research. Nearly
every day I am reading consumer FDCPA filings and check
to see if they ever make it to trial. In only a small
handful of cases, the consumer’s complaint goes to the
courtroom, which means there is a very high chance that
you will get a settlement (and a check) shortly after
you see a debt collector.
While the Federal Trade
Commission does regulate much of the collection
industry, they are slow at holding abusive debt
collectors accountable. It is up to consumers like you
to fight collection abuse. The more of us that do, the
less abuse will occur.
As you will soon discover
by reading this book that catching debt collectors
breaking the law and then filing suit against them are
relatively simple and easy tasks.
motto: “Don’t Get Mad, Get Even and Get Paid!
The information contained in this book is geared
towards consumers that are tired of being abused or
harassed by bad debt collectors. I will teach you how to
identify the different types of illegal debt collection,
how to collect evidence, and then sue the collector for
violating your rights and the law. Included are
systematic instructions, detailed explanations and my
own real-life examples to help illustrate different
portions of the book.
Also included in this book
are collectors dirty little secrets that they prefer you
never read, as it will cause them much trouble when
confronted in court.
In chapter two, I will
explain in detail many of the most frequent illegal
collections going on in the collection industry and how
you can use them against collectors in a court of law. I
will cover fair debt collection practices act (FDCPA),
fair credit reporting act (FCRA), and telephone consumer
protection act (TCPA) violations. Several of the federal
laws (Acts) apply to third party debt collectors as well
as original creditor collections.
three, I will cover various ways to “catch” collectors
violating the law and how to gather proper evidence to
use against them. Many of them are common sense
violations. However, the uninformed consumer could
overlook several items. I want to make sure that you
have all the tools available to “stick it” to the
abusive debt collectors.
In chapter four, I will
explain the various aspects of filing an actual civil
complaint and how to prepare your documents in an easy
to understand systematic process with explanations of
In chapter five, I will explain and
illustrate the drafting of a complaint, how to file, as
well as proper court procedure for serving a summons and
complaint on the defendant.
In chapter six, I
will cover whether or not to accept an offer of
settlement from the collection company or to move
forward in court with your complaint.
seven, I provide additional pro se litigation resources
for legal research, finding and using legal citations
and decisions. While I cannot cover every possible
scenario, I do provide the additional resources so that
you are able to locate what you need to add additional
factual allegations to your own complaint.
Included throughout the book are my personal experiences
dealing with debt collector harassment and abuse.
Several of them had me at wit’s end and I do not want
anyone else to endure the things that I have in the
CreditCards.com quotes me (Allen Harkleroad) in an
Supreme Court case could curb debt collection lawsuits
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