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Klenk Law

Protecting Yourself from Illegal Collections Practices

Posted on Wed Mar 11, 2020, on Probate and Estate Administration

Estate Attorney

Suffering from debt that you are unable to manage can be all-consuming. Not only can it impact your own well being, it can be exhausting, stressful and anxiety-provoking. Many who find themselves in debt and unable to pay may experience feelings of shame and hopelessness. When coupled with constant calls from creditors, you may be unsure of where to turn. If a creditor violates The Fair Debt Collection Practices Act by participating in illegal collections practices, you may be able to take steps to protect yourself. If you are experiencing debt, and have unpaid bills as a result, it may be best to speak with an attorney. They may determine the best way to make smart financial decisions and, take legal action if necessary. 

Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is a law in place that puts restrictions upon the ways in which third party creditors can collect debts. When creditors incorporate these aggressive and illegal tactics into their methods for pursuing collections; debtors can be significantly impacted. It’s important to note that the FDCPA only applies to third party creditors such as debt collections agencies. Should the terms under the Fair Debt Collection Practices Act be violated, debtors may be able to take legal action. Not only may a person be able to obtain compensation, their legal fees may be covered as well. 

Illegal Collections Practices

If you believe that a third party collections agency is attempting to collect debts in a way that is unjust, speak with an attorney. They will be able to help you identify illegal collections practices such as:

  • Calling a debtor repeatedly 
  • Calling outside of the hours of 8am and 9pm
  • Collecting a debt that you do not have
  • Failing to send written notice following phone contact (must be within 5 days)
  • Threaten a lawsuit or jail time without the legal authority to do so
  • Disclose the details of your debt to third parties

Many who are receiving calls from third parties attempting to collect a debt fail to consider the fact that tactics being made by a collections agency are illegal under the FDCPA. An attorney can be helpful in determining if your rights have been violated and in mapping out the best course of action. 

Next Steps

Although you may be able to take legal action against a third party collections agency for attempting to collect a debt in a way that violates the FDCPA, you will still need to make a plan regarding how you will resolve your debts. If you have a collections agency threatening to take legal action, or you have been victim to illegal collection practices, speak with a debt harassment attorney. A debt harassment attorney can help put a stop to the harassing calls you have been experiencing by: 

  • Reviewing your case
  • Strategizing the best course of action
  • Filing a complaint with the Federal Trade Commission (FTC)
  • Knowing your rights and helping to protect them
  • Helping you gather evidence should legal action be necessary
  • Advising you regarding your financial situation

Protecting Yourself from Illegal Collections Practices

If you are facing debt that you are unable to pay, and are receiving incessant calls from creditors, not only should you consult with a debt counselor but also an attorney, like a debt collection lawyer with the experience offered by professionals, a debtor can make the most informed decisions regarding their options and what type of actions should be taken. 

 

 

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