Abusive Debt Collection
Florida Debt Collection Harassment & Bankruptcy Violations
If debt collectors or creditors are calling, writing, or reporting after your Florida bankruptcy discharge, you may have a powerful claim under the FCCPA, FDCPA, and the bankruptcy discharge injunction. We handle these cases on a strict contingency — you never pay us out of pocket.
Post-Bankruptcy Collection: When the Calls Should Stop
Once you receive a Chapter 7 or Chapter 13 discharge, most unsecured debts are permanently wiped out. Creditors and debt collectors cannot legally keep trying to collect those discharged debts.
- Collection calls, letters, texts, or emails after a bankruptcy discharge
- Collectors threatening lawsuits, garnishment, or “reopening” your case
- Credit reports still showing discharged debts as “late,” “charged off,” or “in collections”
- Automatic payments continuing for accounts that were discharged
- New lawsuits filed for debts that were included in your bankruptcy
Important: If you are contacted about a discharged debt, do not ignore it. You may be entitled to statutory damages, emotional distress damages, sanctions, and attorney’s fees — paid by the violator, not by you.
What We Look For
Story Law Group focuses on spotting and prosecuting:
- Violations of the Florida Consumer Collection Practices Act (FCCPA)
- Violations of the Fair Debt Collection Practices Act (FDCPA)
- Violations of the bankruptcy discharge injunction
- False or misleading credit reporting after bankruptcy
We leverage these laws to push back against banks, debt buyers, and collection firms — and we do it without asking you to pay us up front.
FCCPA & FDCPA – Your Core Protection Against Debt Collectors
Florida’s FCCPA and the federal FDCPA give you powerful rights when creditors and collectors cross the line. We use these statutes every day to protect Florida consumers.
Florida Consumer Collection Practices Act (FCCPA)
The FCCPA applies to any person collecting a consumer debt — including the original bank or creditor. It prohibits abusive, harassing, and deceptive conduct such as:
- Calling you repeatedly to annoy, threaten, or harass
- Threatening arrest, criminal charges, or garnishment they cannot legally take
- Contacting your employer, family, or neighbors about your debt
- Attempting to collect debts that are not owed or have been discharged in bankruptcy
- Misrepresenting the amount, legal status, or character of the debt
Under the FCCPA, you may recover up to $1,000 in statutory damages, plus actual and punitive damages, and the collector may be ordered to pay your attorney’s fees.
Fair Debt Collection Practices Act (FDCPA)
The FDCPA is a federal law that regulates third-party debt collectors, collection agencies, and many debt buyers nationwide. Common FDCPA violations include:
- Continuing to call after you ask them to stop
- Using abusive, obscene, or threatening language
- Failing to send a written validation notice
- Ignoring your written dispute of the debt
- Reporting false information to the credit bureaus
- Trying to collect debts discharged in bankruptcy
The FDCPA allows you to recover up to $1,000 in statutory damages, plus actual damages and attorney’s fees and costs.
Why Florida Consumers Choose Story Law Group
We deliberately built a boutique practice so we can stay focused on one thing: helping consumers stand up to banks, credit bureaus, and collection companies that ignore the law.
- Focused on consumer law – FCCPA, FDCPA, FCRA, and bankruptcy-related violations
- Litigation experience – we file and prosecute cases in state and federal courts
- Contingency fee only – no hourly fees, no retainers, no surprise bills
- We deal with the collectors so you can get back to your life
- Personal attention – your case is not a file on a shelf
What It Costs to Hire Us
Our representation in FCCPA, FDCPA, and post-bankruptcy collection cases is on a strict contingency basis:
- No upfront fees
- No monthly bills
- No payment from you unless we recover
If we obtain a recovery, our fees are typically paid by the collector or as a percentage of the settlement or judgment under our fee agreement.
FAQs
FCCPA & FDCPA – Frequently Asked Questions
These are some of the most common questions Florida consumers ask about debt collection harassment and their rights after bankruptcy.
1. What should I do if a collector contacts me after my bankruptcy discharge?
Save everything — letters, emails, texts, voicemails, caller IDs, screenshots, and any notes about what was said. Then contact Story Law Group as soon as possible. Post-discharge collection attempts may violate the FCCPA, FDCPA, and the discharge injunction. The sooner we see the evidence, the faster we can evaluate your options.
2. Can a debt collector report a discharged debt to the credit bureaus?
A discharged debt should not be reported as “due,” “late,” or “in collections.” Reporting it that way can be misleading and may violate the FCCPA, FDCPA, the Fair Credit Reporting Act (FCRA), and the bankruptcy discharge order. If your reports still show discharged debts as delinquent, we want to see them.
3. What kinds of damages can I recover in an FCCPA/FDCPA case?
Depending on the facts, you may be entitled to:
- Statutory damages (up to $1,000 under FCCPA and up to $1,000 under FDCPA)
- Actual damages (financial loss, medical expenses, lost wages, etc.)
- Emotional distress damages
- Punitive damages under the FCCPA in egregious cases
- Attorney’s fees and costs, typically paid by the violator
4. Do I have to pay Story Law Group to review my potential case?
No. We offer a free case evaluation and handle FCCPA and FDCPA cases on a strict contingency basis. You do not pay us out of pocket. If there is a recovery, our fees are paid as allowed by law and by our fee agreement.
5. How quickly will I know if I have a case?
In many instances we can give you an initial assessment the same day after reviewing your documents and hearing your story. The more information you provide — including bankruptcy papers, credit reports, and collection communications — the faster we can evaluate your claims.
Free FCCPA & FDCPA Case Evaluation
If you’re being harassed about a debt, contacted after bankruptcy, or seeing inaccurate negative tradelines on your credit, you don’t have to handle it alone.
We take FCCPA & FDCPA cases on a strict contingency — no upfront fees, and no payment from clients unless we obtain a recovery.