When Florida consumers are being bombarded by creditors all demanding money for overdue debts, it can become overwhelming. But are the creditors adhering to federal and state laws in their collection practices, or have they crossed a legal line?
Consumers are protected by the provisions of the Fair Debt Collection Act, which specifically prohibits the following debt collection tactics:
— Creditors using profanity when they call.
— Calling late at night (after 9 p.m.) or very early in the morning (before 8 a.m.).
— Providing false information to anyone regarding your debt or account.
— Repeatedly calling you to harass you about the debt.
— Making an implication or suggestion that you broke the law.
— Depositing any post-dated checks early.
— Sending correspondence to you about delinquent accounts on postcards or using envelopes that are transparent.
— Using letterhead on communications with you to make it appear to originate from a governmental agency or court.
— Purporting to be lawyers or credit bureau employees.
— Threats of property seizures without court-ordered foreclosure.
— Inflating the balance of the debt you owe.
Dealing with creditors is always stressful and anxiety-producing, even when they play fair with the debt collection practices they employ. But when they break the law, you can take civil action against them. A Florida attorney can explain that process to you in greater detail, but what is of prime importance is getting your debt load under control.
In certain cases, this can mean filing for consumer bankruptcy protection under either Chapter 7 or Chapter 13. Depending on your individual financial situation, each has its own advantages. A bankruptcy law professional can evaluate your case and recommend a solution to help you regain your financial footing.
Source: lifetips.com, “Prohibited Tactics Of Collectors Legally” William Pirraglia, accessed Mar. 04, 2015