federal debt collection practices act

Bankruptcy, collection agencies, and the spirit of debt collection laws in Florida

As a bankruptcy attorney, who advise people often significant financial difficulty. Most debt collectors are calling every day. Once a file bankruptcy, federal law requires all attempts to collect debts cease immediately. But for some, bankruptcy may be unwise or simply too expensive. This article aims to inform people in such a situation in the methods of debt collection is prohibited to use to collect debts and what a person can do to stop.

Under the federal Fair Debt Collection Practices Act ("Act"), debtors are protected from overzealous collection agents or unscrupulous. Note that the law does not apply usually the person or entity that owes the debt. It applies only to debt collection agencies. A collection agency debt may have broken the law, if your agent has the following characteristics:

(1) intended to be a government employee, public official or a law enforcement officer;
(2) The present invention is without justification, a person other than the debtor, the information would adversely affect the reputation of the debtor;
(3) contacted a debtor to work without authorization by the debtor to do so;
(4) threatened with a debtor claims that the collection agency knew not carried out;
(5) to use force or threat or violence;
(6) spoke in such a way that gives the impression that the debtor that the collector has been associated with an attorney;
(7) He refused to identify correct yourself or your employer when the debtor has requested such information, or
(8) that the debtor has contacted between 9 am and 8 hours without the consent the debtor.

These are just some of the most common methods of unethical collection agencies can use. Violations of the law to support claims (Process) for actual damages and legal requirements. In theory, the amount of actual damages is unlimted, but most of the cases, see prices in the amount of $ 5.000. In addition to the compensation of actual damages and legal debtor, the debtor may recover attorneys' fees incurred in the lawsuit.

Cease and Desist Letter

Also according to the filing against unscrupulous collection agencies through the law, debtors may also require agencies to stop most attempts to collect by filing so-called "cease and desist" or "no contact "letter. If the debtor and against the collection agency, you must apply to the recovery agent when they call. The collection agencies are required by law to provide that information. The notice must be sent by certified mail, return receipt. The following letter is an example of cease and desist letter.

RE: Your account number

To whom it may concern:

Notified, in accordance with the Fair Debt Collection Act Practices, 15 USC Sec. 1692 and Florida Statutes Section 559.72 ask you to stop contacting me at home, at work or elsewhere in the above account. You not have my permission to contact someone else in their collection efforts to determine where I live and work.

This letter is for you know who all contacts shall be construed as harassment and violation of the law. Also informed that any violation of federal law or inform the authorities state, including the Federal Trade Commission and the Attorney General of the State of Florida.

(Include as appropriate) to dispute the debt you are trying to collect and asked when the verification of the debt that you believe in abeyance.

Sincerely,

Your signature here

Even if debtors in Florida find themselves unable or prohibited from filing for bankruptcy, which can still achieve some relief from collection agencies not meet the state and federal fair debt collection laws. low-income borrowers should contact their local legal services organization in the legal community Free.

About the Author

Brett M. Cameron is a Bankruptcy and consumer rights attorney in St. Petersburg, Florida.
www.LawCameron.com