The Fair Debt Collection Practices Act and state laws regulates the conduct of debt collectors. The fair debt collection practices act provides a long list of unlawful practices that companies cannot do in collecting a debt. Companies that violate the debt collection practices act can be sued for damages. In addition, if you have filed for bankruptcy, the creditor is violating the “automatic stay”. Creditors can be held in contempt of court.
The Fair Debt Collection Practices Act limits a debt collector’s acquisition of local information about the debtor. This information includes the address, telephone number, and place of employment of the debtor. In addition, the debt collector is restricted in number of other ways in obtaining information about the debtor. Additionally, a debt collector cannot contact you at any unusual time or place (prior to 8 a.m. or later than 9 p.m.). A debt collector cannot contact the debtor at his placed employment if the debt collector knows or has reasons to know that the employer prohibits such contact. A debt collector may not discuss the debt with a third party except for local information (address and telephone number).
The Fair Debt Collection Practices Act also provides that a debtor may notify the debt collector in writing it refuses to pay the debt and he wishes the debt collector to cease further contact. If this is done, the debt collector must cease contact except to advise the debtor of specific collection remedies. This section of the act is to stop contact that is solely meant to harass the debtor.
The Act prohibits debt collection practices as follows:
- That the nonpayment of debt will result in jail.
- False representations as to the amount of the debt or type of debt.
- False representations that the debt collection agency is affiliated with the government.
- The false claims that a debt collector is an attorney.
If a debt collector uses any of the above tactics you should specifically tell them that they are violating the Fair Debt Collection Practices Act. Ultimately, the best way to stop debt collects is to eliminate the debt through bankruptcy.
When you need a Grand Rapids Bankruptcy Attorney, remember to call Krupp Law Offices PC for fast honest advice about your financial problems and get honest advice about your options. Krupp Law Offices represents clients in cases throughout West Michigan, including the cities of Grand Rapids, Kalamazoo, Big Rapids, Ionia, Muskegon, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Ludington, Cadillac, Baldwin, Newaygo, White Cloud, Fremont, Coopersville, Reed City, Lake City, Hart, Hastings, Middleville, Wyoming, Rockford and Portage, including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, Allegan County, Kalamazoo County, Osceola County, Lake County and Muskegon County, Michigan.
Call for a free phone consultation. Our office can help.
KRUPP LAW OFFICES PC
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or Mail@krupplaw.com
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