Welcome to Debt Collection Guide
Debt Collection Defense In Court Article
. For a permanent link or to bookmark this article for further reading, click here.
Fair Debt Collection Practices: What to Expect from your Debt Collector?
The best way to protect yourself from harassment is to know the exact job description of your debt collector. If you know the things that his job entitles him to do, you can keep better track of his behavior and take action when he violates your rights. To know the debt collector’s job description, you need to have a thorough understanding of the 1977 Fair Debt Collection Practices Act. This act literally outlines the Fair Debt Collection Practices. It tells you the practices that are acceptable for debt collectors. It also informs you of practices that are unacceptable under the eyes of the law.
So, according to the Fair Debt Collection Practices, what are the debt collector’s responsibilities towards you?
Basically, the debt collector owes you information. If the debt collector is trying to get you to pay up, it is only right that you are fully informed of the circumstances surrounding your debt. This means that within five days of initial contact, the debt collector must send you a written document that contains information such as the amount of debt you owe and the company or institution you owe it to. The document should also let you know the steps to take in the event that you believe you do not have that debt and you should not be held responsible for it.
If you file a letter to dispute the debt, the debt collector will stop contacting you until he comes up with evidence that proves that you truly owe that money. As part of the Fair Debt Collection Practices, the debt collector must send you a receipt to prove that he has received your complaint. Also, the debt collector has to mail any evidence that proves that you are responsible for the debt.
Fair Debt Collection Practices are aimed at protecting the debtor’s privacy. As such, if you wish to put a stop to the debt collector’s calls and visits, you must write a letter to indicate your intention. Once the debt collector confirms receipt of your letter, you can expect him to stop contacting you.
Aside from these things, the Fair Debt Collection Practices also forbid your debt collector to do the following:
1) Contact you via phone or make personal visits outside of the time period between 8:00 am and 9:00 pm.
2) Approach your family and friends in an effort to locate you.
3) Come to your workplace for the purpose of contacting you, verifying your employment or acquiring information regarding your salary.
Fair Debt Practices are exactly that – fair. It means that while you have individual rights, the law also provides guidelines to ensure that the debt collector can do his job well.
Debt Collection Defense In Court Specific links
Debt Collection Defense In Court News
Embattled Hospital Debt Collector Taps Politicians For Defense - Vermont Public Radio
Embattled Hospital Debt Collector Taps Politicians For Defense Vermont Public Radio The charges have widened to include the company's tactics in collecting debts. So what do you do when you're accused of hitting up sick patients in the hospital to pay their bills — sometimes even before they get treatment? |
Circuit Court Rules Against Debt Collector in TCPA Case on Reassigned Cell Number - InsideARM
 InsideARM | Circuit Court Rules Against Debt Collector in TCPA Case on Reassigned Cell Number InsideARM The Seventh Circuit found no support in the TCPA's language or “the way the law understands consent” for the debt collector's argument that the court should equate the consent of the “called party” with the consent of the call's “intended recipient. |
Consumer Beats Six Debt Collection Lawsuits Filed By Debt Collectors with the ... - Statesboro Business News
Consumer Beats Six Debt Collection Lawsuits Filed By Debt Collectors with the ... Statesboro Business News Once again, more consumers are beating debt collectors in court with the “Stick it to Sue Happy Debt Collectors” book. Consumers can win in court against debt collection lawsuits. All it takes is a bit of knowledge, which is provided in the book, ... |
Debt Collector's Voice Message Not a 'Communication' under FDCPA, Federal ... - JD Supra (press release)
Debt Collector's Voice Message Not a 'Communication' under FDCPA, Federal ... JD Supra (press release) JC Christensen & Associates, Inc., issued on May 2, 2012, the court held that a voicemail message containing the caller's name and identifying the caller as a debt collector with “an important message” was not a “communication” under the Fair Debt ... |
Akin, Gump, Steptoe, Gibson Dunn: Business of Law - BusinessWeek
Akin, Gump, Steptoe, Gibson Dunn: Business of Law BusinessWeek By Elizabeth Amon on May 21, 2012 John Dowd, a combative ex-Marine who cursed at a cameraman after court one day, was the lawyer Galleon Group LLC co-founder Raj Rajaratnam selected for his trial last year on insider-trading charges. |