Thomas K. McKnight - Debt Settlement Lawyer in Irvine, CA
¿Qué es la Ley de Prácticas Justas de Cobro de Deudas (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the actions of third-party debt collectors who are attempting to collect debts on behalf of another individual or entity. The law limits the ways that collectors can get in touch with debtors, in addition to the time of day and amount of times that contact can be made. If the FDCPA is violated, the debtor can take legal action against the debt collection agency as well as the individual debt collector for damages and lawyer fees.
Cómo funciona la Ley de Prácticas Justas de Cobro de Deudas
The FDCPA does not protect debtors from those who are trying to collect a personal debt. If you owe money to the local hardware store, for instance, and the owner of the shop calls you to collect that debt, that person is not a debt collector under the terms of this act. The FDCPA just applies to third-party debt collectors, such as those who work for a debt collection agency. Credit card debt, medical bills, student loans, mortgages, and other types of household debt are covered by the law.
Ejemplo de cuándo y cómo pueden los cobradores ponerse en contacto con los deudores
The Fair Debt Collection Practices Act specifies that debt collectors can not contact debtors at bothersome times. That means they must not call before 8 a.m. or after 9 p.m. unless the debtor and the collector have made an agreement for a call to occur outside of the permitted hours. If a debtor tells a collector that they want to talk after work at 10 p.m., for instance, the collector is permitted to call then. Without an invitation or agreement, however, the debtor can not legally call during that time. Debt collectors can also send letters, emails, or text messages to collect a debt.
Debt collectors can attempt to get in touch with debtors at their homes or offices. However, if a debtor tells a bill collector, either verbally or in writing, to stop calling their place of work, the collector must not call that number again.
En un plazo de cinco días tras ponerse en contacto con un deudor, el cobrador debe enviar una "notificación de validación" por escrito que incluya:
- La cantidad de dinero que debe el deudor
- El nombre del acreedor al que se debe la deuda
- Aviso de que tienen 30 días para impugnar la deuda y qué hacer
Consideraciones especiales
Debtors can also stop collectors from calling their home phones, but they must put the request in a letter and send it to the debt collector. It's a good idea to send the letter by certified mail and pay for a return receipt to make sure that you have evidence that the debt collector received the request.
If a collector does not have contact information for a debtor, they can call family members, neighbors, or associates of the debtor to try to find the debtor's contact number, but they can not disclose any information about the debt, including the fact that they are calling from a debt collection agency. (The collector may only discuss the debt with the debtor or their husband or wife.) Additionally, collectors can only call third parties once each.
The legislation makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also can not lie or use profane or obscene language. Additionally, debt collectors can not threaten to take legal action against a debtor unless they really intend to take that debtor to court.
Para obtener más información sobre el capítulo 7 y el capítulo 13 de bancarrota, o cómo presentar su bancarrota en Irvine CA, póngase en contacto con Thomas K McKnight LLP al (800) 466 - 7507 o visite nuestro sitio web en TKMLLP.com para una Consulta Gratuita.
