Indeed, the Federal Fair Debt Collection Practices Act (FDCPA) defines the limits within which all debt collectors must remain with regard to defaulting debtors. But are they really so respectful of the law? This article lists the most common threats that debt collectors can use to talk with you by phone or about to come face to face. These are the things that threaten legal? Read this articleIn order to understand - and choose a tactic of resistance perfect for you.
The statistics of the number of complaints from people on the work of collection agencies is overwhelming - in 2004 was up 58 000 borrowers facing the Federal Trade Commission (FTC) alleging they were harassed by debt collectors - and the only number that continues to grow! He complains about the illegal methods of debt collection to maintainone of the first places in the classification of the FTC - currently 17% of all complaints regarding this issue.
The following list indicates the most common threats used abusive collection - and sets out how true that may be true.
1) The threat to remove the house of the debtor if he / she does not pay immediately. This threat has nothing to do with reality unless the loan is actually secured by your home (mortgage or home loan). Only in thisIf a debt collector may seize the property of their property.
2) The threat to arrest the accused if he / she does not start off immediately. The first thing you should know about if the creditors never try this technique of intimidation of a criminal you is that debt is a civil matter, while only a person who commits a crime can be arrested.
3) The threat to continue with regular practice of the collection, despite the cease-communication of the note to the creditor. Federal law states that a cease communication notice received by the creditor requires it to stop all attempts to contact the debtor. If the creditor does not follow these rules, remember this activity can be considered a violation of the law.
4) The threat of aggression. Yes, you may be surprised, but some debt collection agents use too. FTC receives an average of 300 complaints caused by the threat ofviolence against debtors. There is no law that allows tax collectors to resort to such means, so if it happens that the objective is you who is advisable to bring a lawsuit against their creditors and not vice versa.
It threatens the debtor is not the only method of debt collection agency may be illegal and abusive use. It is important that you realize that the activities of creditors may be illegal and use this knowledge toprotect themselves. Remember that your debt collection agent is to break the FDCPA if he / she is:
- Share information about your debt with third parties - apart from its neighbors, relatives and employers, who can be contacted to obtain all necessary information about you. However, you should know that contact with these people is allowed only if the creditor does not mention anything in your debt;
- He calls you to work despitecommunicating its not allowed to receive personal calls during working hours. However, there are very few collectors who really should follow this rule - most of them continue to call no matter what. Consider the use of legal protection means that if it happens to you;
- With a profane or vulgar language, raising their voices to calls for the collection;
- Calling all too often, making life reallystressful
- Litigation ignoring writing;
- Providing access to information of the debtor.
What can be done to combat the illegal aggression of debt? The first thing to do as soon as the debt collection calls to begin is to browse through the detailed description of the rights of consumers in FDCPA. Do this if collect calls are not even really hurt interceptions. You can obtain this information from official websiteFederal Trade Commission.
If any of the activities of debt collection agent appears to be illegal, a formal complaint with the Attorney General and the FTC. When these authorities receive enough complaints about the activities of a particular creditor or collection agency, fines may be imposed as punishment for their illegal practices. This surely will make them think twice before doing it again. Nor is thereforget that you have the legal power to make a claim against a stalker or agent except debt collection abuses.
Unlike other hand, remember that manufacturers apply to debt collection and above all third bodies lawyers in May with its creditors for the only resource. Your lender debt collection department representatives are subject to some of the rules contained FDCPA. However,Do not forget the protection of consumers of other laws that may help resist the activities of abusive debt collectors and creditors themselves. Therefore, should not hesitate to lodge a complaint with the Attorney General and the FTC, if you believe your creditors harassing you. In this case, an abuse of creditors can be considered guilty by state law or other act of the FTC.
Fight against illegal debt collection efforts may beWhat is really hard to do - but you must remember you can get your debt first and easier than you think, so ... Educate yourself!
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