The Legal Buzz Blog: Debt Resolution, Part 2
Dealing with Debt on Your Terms
Frequently debt collectors are overzealous and they break the law.
The Federal Fair Debt Collection Practices Act (FDCPA) contains many protections for consumers.
It is unlawful for collectors to:
- Threaten to include you on a “dead beat” list
- Threaten to distribute or publish something which could harm your reputation
- Reveal any information regarding your debt to your employer
- Disclose any information about your debt to a third party (other than immediate family in your household) an answering machine is a third party
- Call your place of employment when asked not to do so
- Call you before or after specific times of day (Example: before 8am and after 9pm)
- Use obscene language
- Call your place of residence repeatedly in order to annoy you
- Threaten violence
- Threaten to file a lawsuit
- Threaten to do anything illegal
- Misrepresent themselves (as an attorney, police officer or government employee).
Defend yourself against harassment:
- Advise the debt collector that they are being recorded when they call
- Tell the collector that you want every verbal statement made represented in writing and sent to you
- After receiving the initial collection letter, reply with a Debt Validation Letter demanding that they provide evidence of the debt.
If you think the collector violated the law, speak to an attorney who specializes in debt resolution.
Roland H. Acosta & Associates, PA is a comprehensive boutique law firm located in Winter Park, Florida that can help with most legal issues. This Blog post is for informational purposes only and is not to be considered legal advice.