Fair Debt Collection Practices Act
Valencia Bankruptcy Attorney
The Fair Debt Collection Practices Act (FDCPA) was created to protect consumers. It prohibits debt collectors from using unfair, abusive or deceptive practices in the process of collecting debt. You have one year from the date the act was first violated to bring suit in state or federal court against the offending debt collector. It is crucial that you do so within this one year period, or the statute of limitations will run out, and you will not be able to sue. You may be able to recover up to $1000 in statutory damages, as well as attorney fees, court costs, and any actual damages that you may have incurred.
If you have been harassed, threatened or otherwise abused by a debt collection representative, an accomplished Valencia bankruptcy lawyer can help protect your rights.
What Debt Collectors Cannot Do
The Fair Debt Collection Practices Act encompasses debts for credit cards, medical bills, mortgage debt, and auto loans. It does not cover business debts. Besides harassment, the Act states that debt collectors are not allowed to make any false statements, including:
- Stating they are a lawyer or work for the government
- Claiming that you will be arrested if you do not pay your debts
- Not being honest or forthcoming about how much money you do owe
- Stating that you are guilty of committing crime
- Providing false credit information about you to a credit reporting agency
- Making baseless statements about selling your property or wage garnishment
- Claiming legal action will be taken against you, if, in fact, they will not be doing so
Additionally, debt collectors may not employ the unfair practice of collecting interest or other charges over and above what you actually owe, illegally seizing or threatening to seize your property, or depositing a post-dated check before it can legally be deposited
If you need a seasoned attorney to help you end creditor harassment, we are here to help you.
Contact a Valencia Bankruptcy Lawyer
today if you have been the victim of unfair or deceptive practices by a debt collector.
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