Debt Settlement And Your Fair Debt Collection Legal Rights

Credit card and other consumer debt increases exponentially in the event of down economic times

. Living paycheck to paycheck, and then adding mounting debt, and harassing phone calls from collectors to the picture can make the future seem bleak. Consumers do have rights under the fair debt collection practices act (FDCPA) which was enacted to protect debtors from bad behavior and harassment by debt collectors.

Debt settlement programs can be helpful to many consumers who feel that they are in over their head financially. These programs typically work well for the consumer because they have the advantage of a third party negotiating on their behalf. This eliminates much of the emotional and psychological stress that can become part of the debt collection process. Contact a debt settlement attorney to ensure that you fully understand your FDCPA rights.

A debt collector cannot ask for payment exceeding the amount than what you owe. This includes misrepresenting the amount verbally, or in writing. Collectors additionally cannot add extra fees that exceed the original terms of the debt.

Debt collectors are strictly prohibited from using abusive, or obscene language while speaking with a debtor. Some collectors will try and use this as a bully tactic, but it has been deemed abusive by the fair debt collection act, and is therefore considered illegal, and a harassment tactic.

Guidelines prohibit when, and also where a debt collector is allowed to contact you as the debtor. They cannot call before 8:00am, or after 9:00pm, and cannot call you on Sundays. Calls to your place of work after indicating that these calls are inappropriate are also forbidden, as they are deemed to be harassing.

Threats of physical violence, jail time, or disclosing your debt to third parties are all expressly prohibited by the fair debt collection practices act. No matter how much you owe, a debt collector is never permitted to use scare tactics such as these to attempt to ensure payment.

Ask for validation of the debt in writing. The debt collection agency is required to send you a written verification of the debt. This communication should include the amount of the debt, the name of the original creditor, and a statement indicating how long the debtor has to dispute the debt.

Finally, the debt collector must cease contacting you if you forward them a notice indicating such. The collecting party is only allowed one more contact in writing after they receive your request to cease contacting you. The written communication should indicate that further attempts to collect the debt are ceasing, or that the collection agency is going to pursue additional legal remedies afforded to them.

Often times, some of the stress of dealing with debt can be reduced or eliminated by simply getting help with the situation. Understand your rights, and seek help from experienced professionals to ensure that those rights are respected. Collection agencies must follow the law. Consider debt settlement as an option, and contact a debt settlement attorney to take control of your finances and stop unfair debt collection practices.

by: Alvin Clark

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