Creditor Harassment: FDCPA Laws, Stop Creditors
Calls
As a bad debt grows, debt collection agencies seem to apply a lot more stress on the debtors by using creditor harassment. Even though debt collection is legal, harassment by collection agencies is not! The FDCPA laws are like the shades that guard the customers? legal rights and provides protection to unlawful debt collection strategies. There are numerous forms of harassment that the debt collectors impose on the debtors:
They come to damage any personal property.
They use obscene language over the phone.
They threaten to put the customer behind bars.
They make distressing calls to your workplace.
There are two different kinds of creditor harassment laws; the federal laws and the state laws. The federal laws are for everybody citizens, while the state laws are only concerned with the individuals of the particular state. If both laws are taken into account, it's the state law that is more efficient.
Although there are laws to shield the legal rights of the consumers, nonetheless the preferred thing to do would be to talk to a qualified attorney in your state to keep everything in position, to ensure that there is no such thing as a possibility of being caught in the nets of creditor harassment. A qualified attorney can defend the rights and continue to keep the customers updated with the facts and circumstances which may turn out to be quite effective in times of need.
Creditor Harassment - Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Practices Act is a body of law that shelters the rights of people from getting harassed by the collectors. It helps to ensure that all consumers get an opportunity of getting the opportunity of paying back the money they owe in an organized fashion as opposed to getting threats over the phone, or being falsely charged. The FDCPA was created in a manner that it can fight back the abusive creditors and when required can also put a penalty on them which could even count up to $1000.
There are some techniques in which collectors can potentially harass the debtors:
Applying illegal strategies in collection of debt
There are situations in which the debt collectors may demand much more than the first sum.
The debt collectors may ask the consumers to sustain specified extra financial charges.
The debt collectors may threaten to break personal property.
Unfair or outrageous collection activities are done by the debt collectors.
Harassment or abuse
The debt collectors may make use of criminal methods to draw out the amount from the debtors.
Usage of obscene or profane words over the telephone.
The debt collectors oftentimes conceal their identity.
The behavior of the debt collector is abusive and oppressive.
Contact with the consumers and others
At times even after realizing that there exists a limitation on time, the creditors call up the debtors at un-godly hours.
Even though being aware that the settlement is being represented by an attorney, the creditors do not stop calling the debtors.
Even after asking the creditors to end all communication with the debtors, the creditors nonetheless carry on and speak with the debtors.
The debt collector communicates with the neighbors, close friends, and publicizes and confronts the debt allegedly, and threatens to obtain the debt from them.
Notice Violation
The creditor sends a letter to the debtor addressing him as a dead beat meaning someone who has no money to cover his credit cards.
The creditor sends out a collection notice which indicates a court order.
Although FDCPA provides protection for protecting the consumers rights you will still find a few restrictions which can apply
To start with, the debt should be a consumer debt but not a business debt.
FDCPA does not apply to original creditor.
It is just the attorney who can recommend which law is applicable and when, so that he is able to give him the necessary security as and where required.