Monday, January 19, 2015

YOUR RIGHTS vs. Collections!

The Fair Debt Collection Practices Act (FDCPA) is a law which protects you from unfair and unethical debt collection practices.  This law can be very helpful in stopping collection company harassment and abuse.
One benefit of this is that you can stop these collection companies from contacting them by phone or in writing.  It is important to note that in the case of a valid debt, you don't want to take away BOTH avenues from the agency in question.  If you demand a "cease and desist" from calling or writing you, you'll leave them only one method to collection - civil court.  Prepare a "cease and desist" letter and force the agency to stop the contact in the method you desire (recommend phone).

Some other restrictions from the FDCPA include:
  • A creditor cannot imply that many people are involved in the collection of a debt, if only a few employees really work for the company.
  • Cannot threaten to collect or sue for “collection costs” including attorney fees and non-pre-arranged interest.
  • Cannot threaten to sue or take any legal action against you unless the threat is followed through 
  • Cannot pretend they are legal counsel or an attorney when they are not
  • Cannot falsely claim that the debt, if left unpaid, will be moved to an attorney or other debt collector
These are a few of many restrictions the FDCPA puts upon debt collectors.  Knowing these rights will help you deal with these unethical debt practices in the future and stop creditor harassment.
Any of these violations can lead to a potential lawsuit and can help you have the negative account agreeably removed from the credit report.  Have a wonderful day!

Your Friends at Credit Management Solutions! 


No comments:

Post a Comment