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)
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harassing you over a debt that you don't owe (invalid, inaccurate or outdated)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
More information about stopping debt collection harassment and
threatening phone calls at home and work: Stopping Harassing phone calls and
letters and Stopping harassing email
.
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
Rich's Enterprises, L.L.C.,
Prattville Alabama Legal Disclaimer
Fair Debt
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