The FDCPA offers protection from debt collectors who use unfair and illegal debt collection tactics to harass you. Educate yourself and learn to fight back (see creditor harassment and debt collection)
If you believe you are a victim of unfair or illegal debt collection tactics, submit your information to a FREE* Fair Debt Lawyer by:
- Clicking here for a FREE* Fair Debt Case Review;
- Calling toll free 888-FDCPA-LAW (888-332-7252);
- Clicking here to locate a FREE* Fair Debt Lawyer.
The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!
When collection agencies or bill collectors are harassing you over a debt that you don’t owe (invalid, inaccurate or outdated) or they are harassing you over a valid debt but using illegal tactics, use the FDCPA to protect yourself.
Statute of Limitations
Do not make the mistake of believing that, because a debt is no longer on your credit report, it is no longer a valid debt! Always check your state law to see if the statute of limitations for enforcing the debt has expired. See Statutes of limitation
For instance, some states allow only four years to enforce an unsecured debt. On the other hand, debts such as student loans and taxes have no statute of limitations.
Debts are considered valid if you owe the amount the collector claims but if any part of the debt is incorrect then you should immediately dispute that part of the debt. If the amount of the debt is correct, consider using a Debt Payment Agreement Letter
Creditor Harassment and Debt Collection
Creditors often establish their own in-house collections department. People working in these internal collection departments are considered employees of the creditor and, because they are collecting on behalf of the creditor, are exempt from the FDCPA. However, that does not mean they are exempt from following other laws such as a state creditor collection law. See the official definition of creditors and collectors.
Not all states have creditor collection laws and several states have laws more strict than the FDCPA. Most states adopted the FDCPA as their state collection statute with little or no changes. Research your state collection laws – here.
The good news is that just because creditors are exempt from the FDCPA that does mean they can get away with harassing you. They must still obey several other consumer protection laws such as the Uniform Commercial Code, other federal credit laws and state banking regulations. Use these free instructions for dealing with creditors