If you live in Davie or one of its surrounding communities and are constantly getting pressured by bill collectors and collection agencies, the Arcia Law Office is here to help protect your rights in these matters and to help with foreclosure assistance. When you have an experienced debt collection attorney in Davie on your side, the harassing letters and phone calls will stop and you will finally get some relief. No matter how much you owe, our legal team can help anyone who is a victim of debt collection harassment.
How the FDCPA protects the Consumer
While it’s normal for creditors to contact you when you’re late making a payment, some of these individuals can be absolutely ruthless. Those are the type of bill collector that your creditor harassment attorney in Davie will protect you against. These people are also the reason that Congress enacted the FDCPA or Fair Debt Collection Practices Act of 1978. The law was enacted in direct response to a dramatic increase in bankruptcy filings. This spike in filings was attributed to abusive, deceptive, an unfair collection practice.
The state has also passed the Florida Consumer Collection Protection Act or FCCPA, the state statute that governs the individual who is attempting to collect a debt from you. These laws have been enacted for good reason and our Arcia Law Office debt collection harassment attorney in Davie will explain their importance. From a general standpoint, the FDCPA governs the actions of bill collectors and collection agencies regarding:
- being disrespectful to consumers
- how they acquire the location of the debtor
- how they communicate with consumers
- how they validate a debt
- misrepresenting themselves to the debtor
- unfair collection practices
In any type of debt collection action, a disclosure is required and must include the amount of the debt, the creditor’s name, and the fact that the amount of the debt will be considered valid unless you dispute it within 30 days. Furthermore, you have the right to demand that the debt be verified. Arcia Law Office bill collector harassment attorney in Davie can help with this as well as forbearance assistance.
FDCPA Debt Collection Prohibitions
The FDCPA contains strict guarantees that pertain to nearly every 3rd party bill collector and debt collection agency in the US. According to the law, they are not allowed to:
- Add unauthorized charges or fees
- Call with the intention of harassing the debtor
- Demand or solicit a post-dated check for payment
- Impersonate a law enforcement official or other legal authority figure
- Misrepresent potential penalties for not paying the debt
- Misrepresent the amount of a debt as well as the nature or it or its origin
- Publish debtor’s names
- Telling debtors be prosecuted or imprisoned for non-payment
- Threaten debtors with garnishment of wages (unless said garnishment has already been authorized by a court)
- Threaten defamation, force, or violence
- Threaten repossession of property when no such right exists
- Use abusive, obscene, or profane language
Additionally, the FCCPA also has provisions to protect you from being harassed by any bill collector or debt collection agency.
In either case, an experienced Davie debt defense attorney from the Arcia Law Office will pursue criminal penalties if your rights under the FDCPA or FCCPA have been violated. Our legal firm is highly experienced in bill collector harassment cases in Davie and thoroughly knowledgeable of the laws that govern them and help you with loan modification assistance and short sales assistance. For more information regarding your rights under these laws, for mortgage forbearance, or to schedule an appointment with one of our attorneys, contact the Arcia Law Office today. Call us today and let’s help you.
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