Fair Debt Collection
The Fair Debt Collection Practices Act (FDCPA) enforced by the Federal Trade Commission (FTC) and private attorneys governs fair debt collection methods. According to the FDCPA, a debt collector is someone who collects debts owed to others. Fair debt collection includes methods employed by collection agencies, lawyers who collect debts on a regular basis and companies that buy criminal debts and try to collect them
Debt is an unpaid amount that you owe on a personal loan or home mortgage or a credit card. Collecting such debt is legitimate for the creditors.
The FDCPA has laid down rules for fair debt collection by debt collectors. Original creditors are not
regulated by the FDCPA.
A debt collector can call you during day time (between 8 am and 9 pm) on a number agreed by you and request for payment. A debt collector cannot demand payment in any form and cannot harass you or torment you for the debt. He can only request you in cordial terms. The FDCPA protects you from debt collector harassment.
Fair debt collection requires debt collectors to follow the guidelines of the FDCPA. Fair debt collection ensures protection of the consumer. Under fair debt collection it is required that the collector does not call you repeatedly at inconvenient times, harass you by using abusive language, try to collect more money than the actual debt, call you at workplace or threaten to garnish your wages.
For the protection of consumers the FDCPA governs debt collection methods. Violating the FDCPA is punishable in a court of law. A debt collector cannot use abusive language or threaten you with use of violence if you don't pay the debt. Unless he is permitted by you, the debt collector cannot inform a third party about your debt or call a third party to get information about you. If the debt collector fails to send written debt validation notice or does not stop calling after a written request from you, he has violated the FDCPA. He should not continue collecting debt before the debt is verified. All these are considered to be the FDCPA violations.
An FDCPA attorney is a person who has the right knowledge of the fair debt collection practices. If you are being harassed by a debt collector for a debt, whether you owe the debt or not you have rights as a consumer. You must make use of these rights by engaging an FDCPA attorney. An FDCPA attorney can evaluate your case, sue the debt collectors for you, and may also sue for damages. Once an FDCPA attorney has been engaged the debt collectors have to contact the attorney only.
You may engage an FDCPA attorney to protect yourself against debt collection harassment. Attorneys at Krohn & Moss Ltd. CONSUMER LAW CENTER® have helped thousands of victims of debt collection violations.
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The RFDCPA differs in this as the RFDCPA includes creditors as debt collectors.
The Fair Debt Collection Practices Act (FDCPA) is a federal act that came into existence to ensure fair debt collection. The act is enforced by the Federal Trade Commission (FTC) and private attorneys to protect consumers from unfair practices of the third party debt collectors.
The FDCPA lays out several categories of abusive and illegal debt collection practices and provides remedies you can use if you are abused by a debt collector or debt collection agency.
The Fair Debt Collection Practices Act exists to protect consumers from predatory and illegal debt collection techniques. No matter how much money a consumer owes, any collection efforts need to follow the rules outlined in the FDCPA.
Your rights under the Fair Debt Collection Practices Act
If you are a victim of debt collectors harassment, you should be aware that the Fair Debt Collection Practices Act FDCPA has stringent rules to deal with it. These rules define harassment by debt collectors.
Many people who enter the bankruptcy process worry about the fate of their credit. This is actually unnecessary as the bulk of credit damage happens before the bankruptcy process is even initiated. While no one wants the added hassle of rebuilding their credit after resolving debt troubles, doing so can put you leaps ahead of others in the credit game.
Americans are now filing Chapter 7 or 13 Bankruptcy to get their debts under control. Bankruptcy in itself is designed for debt elimination. Chapter 7 bankruptcy functions to cancel out unsecured debt such as utility or medical bills, credit card, etc. Chapter 13 Bankruptcy on the other hand is designed to give individuals more time in repaying all their debts.
Filing for bankruptcy is good news whenever you are struggling with your credit card debt, mortgage or medical bills. Bankruptcy laws help families and individuals in their debt struggles. You have two options on how to deal with your debt problems, Chapter 7 (debt elimination) and Chapter 13 (reorganization). Always remember that you can regain credit again after successfully filing your bankruptcy.
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