Bankruptcy In Utah - Essentials Of Fair Debt Collection Practices Act

JL Martin law firm : The Fair Debt Collection Practices Act was functioning for the past 30 years as a part of the Consumer Credit Protection Act

. FDCPA sets out specific things that debt collectors may and may not do when attempting to collect debts from consumers. This Act has several main points and especially if you are getting telephone calls from debt collectors.

Law Affects:

The FDCPA specifically affects third party collectors who are the people and companies in the business for collecting debts which were originally owed to other people. In other words, if your credit card company contacts you regarding a debt you owe to them, the federal law may not apply to them and there may be state laws which are applied to the original creditors. If your credit card company hands your account over to a collection agency, then this law is applied to the collection agency.

Rights under the FDCPA:

The FDCPA lays out rules about fair debt collection practices. It states when debt collectors call you and say you and to others about the dos and donts when contacting you. Right is given to demand that they cease contacting you and they provide you with proof which you owe the money they are trying to collect and that they are entitled to collect it. Finally, the FDCPA will give you the right to sue if a debt collector violates any of the points laid out in the law.

Debt collectors must:

- Tell their names and the state that they are attempting to collect a debt every time. They also inform you that anything you say will be used in their attempt to collect the debt.

- Inform you within five days of their first contact with you of your right to validate your debt.

- Provide you with validation of your debt when

requested it in writing within 30 days of being notified of your right to validation

- Inform you of any legal actions which they intend as required by law.

- Stop contacting you when you inform them in writing to wish them to cease all communication. After requesting this cease communication, they may contact you for telling you that they are ceasing their collection attempts, or to inform you of legal actions as required by law.

Debt Collectors May not Do:

* Under FDCPA, debt collectors may not:

* Threaten with physical harm

* Threaten with jail

* Threaten with court action that they do not intend to

* take

* Use abusive language when speaking to you Lie about who they are

* Talking to all with you or your spouse about your debt

* Publish your name on a bad debts list

* Calling at work.

* Calling you before 8 AM or after 9 PM your time

* Call you repeatedly and harass you about your debt

* Contact you after you inform them in writing that you wish them to cease all communication

* Contact you directly after you inform them that you are represented by a lawyer.

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by: JL Martin

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