We have heard of illegal tactics to collect debt every day at our law firm. The collector threatens to garnish the wages or press fraud charges. The threats of jail or job loss are also common.
Perhaps the collector contacts friends, relatives or neighbors to discuss the debt with them or pay to shame. We have also seen the letters sent to employers asking them to garnish your wages.
All these tactics are illegal collectionaccordance with the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that governs your rights as a debtor and the activities that a debt collector can participate in when attempting to collect a debt.
Let's look at some of the threats mentioned above and discuss why they are illegal. The first threat, attachment of wages, is a common threat. In the state in which they practice law in Pennsylvania, wagesattachment can not occur in one case, the credit card, ever. To make a threat of wage garnishment in Pennsylvania is illegal under the FDCPA. The reason is that this law makes it illegal for a collector to threaten the assets that can not play. Since attachment of wages may not be in the PA of credit card debt, the threat of attachment of wages is illegal.
Another common tactic illegal debt collection is a threat to prison. "Pay the debt orintention to file a complaint and go to jail. "There is no law that the U.S. will go to jail for not paying credit card debt. Why can not go to jail in which they occur not pay a credit card debt, the threat of imprisonment is illegal.
In many cases, the debt collector will contact your friends, family or neighbors to get the two to pay the debt or to pay the debt to shame. Debtcollector may not contact friends, relatives or neighbors with regard to debt, except in very limited. The only circumstance in which the collector can contact friends, relatives or neighbors when you are able to locate it after making a good faith effort. In this case, the debt collector may contact others to know their location and contacts. In any case, the collector discuss your debt with anyonedifferent from you.
If all these tactics are illegal, as debt collectors participate in them? Simple, its very effective to do so. If you call 100 people and the use of these illegal tactics, maybe 60 of them pay something for the collector. Of the remaining 40, perhaps only one or two will be bright enough to contact a consumer lawyer to sue the collector after the violation of the FDCPA. (The above figures are entirely made an example for you.) However, inthis hypothesis, we can see that the debt collector, and are willing to use illegal tactics and violate the FDCPA because the return on investment is available to them. They do a lot of money from these illegal tactics.
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