Fair Debt Collection Practices Act and Your Rights

August 8th, 2010 by Reed Allmand

Share on TwitterSubmit to redditShare via email

Fair Debt Collection Practices Act and Your RightsAs we warned over a year ago, debt collectors are becoming more aggressive and more brazen in their attempts to collect on delinquent debt.  Many of the practices being used by some debt collectors are unethical or even downright illegal.  That’s why every debtor needs to know their rights as defined and enforced by the Fair Debt collection Practices Act.  Let’s take a look at some of debtors’ most important rights:

  1. Debtors have the right to demand that debt a collection company provide proof that the debtor actually owes the debt and that the company has the right to collect on the debt.  We’ve already talked about the slew of scam debt collection companies pretending to be collecting on debts when they really weren’t the legitimate collectors.
  2. Debtors have the right to demand that a debt collector not pursue collections against them for a debt that is older than the statute of limitations for their state.  For the state of Texas the statue of limitations is four years for open accounts (most credit cards are considered open accounts).
  3. While debt collectors do have the right to contact debtors at their workplace, if the debtor requests that the creditor stop calling them at work, they must stop calling.  However, the debt collector can contact the debtor’s workplace if they have a wage garnishment order.
  4. Debt collectors are not allowed to contact the debtor’s family and friends regarding a debt.
  5. Debt collectors are prohibited from threatening the debtor with imprisonment, violence or using verbal abuse while trying to collect on a debt.
  6. If a debt collector violates the law while trying to collect a debt, the debtor has the right to file a lawsuit against the creditor and collect damages.
Share on TwitterSubmit to redditShare via email
avatar

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

Leave a Reply

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

map
  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    5601 Bridge Street # 300 Ft Worth, TX 76112

Meet Our Clients