Many a consumer has tried to explain to a debt collector that the debt he or she is calling about belongs to someone else. Of course, it’s often like talking to a brick wall because the debt collector has heard it all before.

But many times the consumer is right. A Jackson County, Mo., Circuit Court jury has delivered a not-so-subtle message to one debt collector that in situations like that, it had better do a little more thorough investigation before it hauls an alleged debtor into court.

$1000 debt

Portfolio Recovery Associates LLC, one of the largest buyers of written-off debt in the U.S., tried to collect a $1,000 credit card debt from Maria Guadalupe Mejia, who insisted the debt wasn’t hers. She tried to explain that the person they were looking for was actually a man with a name that was similar, but not the same, as her name.

The company didn’t believe her and took her to court. In court, the debt collector could not or would not provide requested information, so the judge struck its pleadings. But the jury wasn’t finished.

Acted maliciously

After 5 days of deliberation, it returned a verdict, finding Portfolio Recovery Associates acted maliciously in its pursuit of Mejia. The defendant was awarded $250,000 in actual damages for violation of her rights under the Fair Debt Collection Practices Act. The jury then added $82,990,000 in punitive damages.

Remember, it was the debt collector who brought the suit in the first place.

In a statement to Credit.com, Portfolio Recovery Associates called the verdict “outlandish” and defying all common sense. It says it expects the judge to set aside the verdict.

Still, any consumer who has ever been on the receiving end of repeated phone calls about a non-existent debt can’t help but get a vicarious thrill.

Fair Debt Collection Practices Act

More importantly, the case underscores of knowing your rights under the Fair Debt Collection Practices Act (FDCPA).

While the law does not protect you from people to whom you owe money, it does provide a number of protections when the creditor turns the debt over to a third-party debt collector.

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Within five days after you are first contacted, the collector must send you a written notice telling you the amount you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

If you are contacted about a debt you think you owe, then you should pay it. But if you do not owe the debt, tell the debt collector you need to receive the written statement you are entitled to under the FDCPA. Additionally, consumers who want to consolidate their debts can utilize ConsumerAffairs' debt consolidation resource. Consolidating debts may reduce exposure to debt collection agencies.