News, Developments in the Law, and Collection Horror Stories


David S. Osterman, Esquire

Appointments are available Tuesday and Thursday evenings and on Saturday mornings.

99 Middle Street
Manchester, New Hampshire 03101

Tel: 603-626-5452
Fax: 603-626-5453

Lawsuits in Response to Illegal Collection Practices

Your Legal Response to Violations of Federal and State Law

Both Federal and State law contain provisions that allow consumers who have been subjected to unfair or illegal contacts or behavior by collection agencies to file lawsuits seeking compensation. If you have been subjected to multiple telephone calls, harassment during calls, threats, or profane language you may have a viable lawsuit. If you have been threatened with a wage garnishment, you have a viable lawsuit. If a collector has called you at work, you may have a viable lawsuit. If a debt collector has discussed your case with a third party other than your husband or wife it is very likely that you have a lawsuit.

If you have been the target of dishonest or unfair collection tactics, we would like to talk with you about your situation. If the collector's behavior violated the law, we can usually handle your case on a contingent fee basis – we do not earn legal fees until we collect your damages by a settlement or verdict. At the successful conclusion of the matter, we are entitled to a percentage of your recovery. If we do not win a judgment or settlement for you, we do not get paid.

Since 2008 when the economy tanked, collection actions against consumers have become much more common. Credit card issuers, the same banks that were bailed out by the taxpayers, are bringing lawsuits against consumers in increasing numbers. And they are using collection agencies to do their work for them.

When a credit card issuing bank, a commercial lender, a mortgage company, or an automobile finance company hands a case over to a collection agency, all of the Federal and State consumer protection laws kick in, and powerful prohibitions against unfair collection practices protect you. When a collection agency uses abusive tactics, and they do it often, your rights are violated. You have the right to compensation when this happens.

Our blog reports on some very extreme cases of abuse by collection agencies. If you have been subjected to this kind of treatment, we would like to speak with you. But abusive conduct by collection agencies does not have to be as extreme as these examples to be actionable. Multiple calls, threats, or conversations between a debt collector and a third party about your private circumstances are all potentially actionable.

You have nothing to lose by talking to us, but you may gain substantially. There is never any cost associated with your first interview with us. We offer options that may not have occurred to you including debt negotiation and settlement and sometimes, a valuable lawsuit.