How to Find a Lawyer to Sue a Debt Collector

The federal Fair Debt Collection Practices Act (FDCPA) makes certain collection tactics that some debt collectors use—like using profane language or threatening you—illegal. (Learn what bill collectors can and can't do under the FDCPA in our Illegal Debt Collection Practices article.)

If a debt collector violates your rights under this federal law, you have the right to sue that collector. If you win your suit, you're entitled to recover damages (money) for any injuries, up to $1,000 in additional damages, and attorneys' fees.

Read on to learn why you should consider hiring a lawyer to help you if you're thinking about suing an abusive debt collector, how to locate a lawyer, and what to tell the lawyer when you've hired one.

Why You Should Consider Hiring a Lawyer

You aren't required to hire a lawyer to represent you in a FDCPA case; you can file the suit on your own. Though you'll need to understand how to file documents with the court, rules of evidence, and more, to effectively handle your entire case. People who're represented by a lawyer are much more likely to win a lawsuit. An experienced and skilled lawyer can help you navigate the court rules and advise you about your various options.

Also, lawyers do more than just handle lawsuits. They can offer strategic advice and apply sophisticated technical skills to legal problems. For example, if a collector violates the FDCPA, a lawyer can use that infringement as leverage to settle your debt. While you may try to settle the debt on your own, a lawyer can help you avoid common debt negotiation mistakes, as well as tell you if any state laws apply to your situation.

Finding a Lawyer

If you decide to get legal representation, here's how you can find a lawyer.

Personal Referrals

Don't expect to find a good lawyer by merely doing a basic Internet search and picking one of the first lawyers on the results page. You generally won't get enough information that way to help you make an appropriate selection. Instead, one approach is to talk to people you know and ask for referrals. But don't decide on a lawyer solely from someone else's recommendation. Different people will have different responses to a lawyer's style and personality; don't make up your mind about hiring a lawyer until you've met the lawyer, discussed your case, and decided that you feel comfortable working with him or her.

Also, it might be difficult to get a lawyer through a personal referral with the expertise you need. For instance, say your friend had a great divorce lawyer, but because you need advice about how to deal with an abusive debt collector, that referral probably won't do you much good. And, you might not be comfortable admitting to others that you have a debt issue, so here are a few other places to get information about lawyers.

National Association of Consumer Advocates

The National Association of Consumer Advocates (NACA) is a nonprofit association of more than 1,500 lawyers and consumer advocates that represent consumers' interests. NACA can help you find a lawyer to take your case to sue a debt collector for illegal debt collection practices. Go to NACA's Find an Attorney website to look for members by state and specialty.

Legal Aid Services

If you have a low income and limited assets or are a senior citizen, you might qualify for free legal help from a legal services office. To find free legal aid programs in your area, along with information and useful forms, go to LawHelp.org. You can also get a list of various legal aid programs near you on the Legal Service Corporation's website.

Nolo's Lawyer Directory

Nolo offers a lawyer directory that provides a profile for each lawyer, organized by area of expertise.

Bar Association Lawyer Referral Services

Most local and state bar associations have lists of lawyers who practice in different areas.

Some lawyers take on a certain number of pro bono cases (meaning the lawyer works for free) to help people who have little or no income, or based on other factors. Your state bar association can also tell you if a lawyer might be willing to assist you on a pro bono basis.

What to Tell Your Lawyer

After you find a lawyer, explain how the debt collector's actions have affected you. Don't hide your feelings or sugarcoat details about the harassment. All details are essential in figuring out what type of legal case you have, so be sure to mention:

• any emotional distress you've suffered, including any anxiety or embarrassment
• any physical issues you've had—like nausea, fatigue, headaches, or loss of sleep—due to the collector's actions and whether you sought help from a doctor
• any out-of-pocket losses you've sustained (such as lost wages or income) due to time taken off from work to try to resolve the dispute, and
• any other expenses you've incurred due to the collector's actions, like paying for counseling services, medical bills, or phone charges. These amounts could all potentially be part of your actual damages.

Also, keep a log of when the collector calls, including the date and time, and be sure to note who called and exactly what the collector said. Share this log with the lawyer. If the collector leaves any abusive voicemails—for example using obscene or profane language—keep the messages and play them for the lawyer. (To learn more about what you should, and should not, do when a collector calls, see Handling Debt Collection Calls: Do's and Don'ts.)

By talking with the lawyer, you can get answers to your questions, learn about your options, and figure out the best way to exercise your legal rights.