FAQs Answered By The Miami Debt Defense Attorney
When it comes to debt collection, there is a high chance that you will be harassed and called by the debt collectors in unusual hours and sometimes in places where you may feel inconvenient. To prevent harassment to you and all other debtors, the FDCPA has come up with some specific rules, both at the federal and state level. However, there may be a few FAQs that may come across your mind. Here are those answers that will help you to clear all your doubts and take proper actions when a debt collector calls. A Miami Debt Defense attorney will help you in this regard in the best possible way.
Types of debts covered
A debt collector can only call you for some specific type of debts. If you know the types it will be easy for you to protect your rights or hire a Miami Debt Defense attorney when you need to do so. The laws framed by The Fair Debt Collection Practices Act, FDCPA are enforced by the FTC. According to the law, it is illegal for any debt collector to use deceptive,unfair, or abusivepractices, while collecting debts or making a call. The restrictions are applicable on credit card debts, auto loans, student loans, medical bills, mortgage loans, personal loans and other commercial loans but not business debts.
Contacting a debtor
There are few restrictions imposed by the law on the debt collectors regarding the time, place and other aspects of contacting a debtor. The debtor cannot contact you at any time or any place that they want to. In fact, they must follow your instructions when it comes to contacting you. At no cost the time or place should be inconvenient for you. they are not allowed to contact you before 8 am or after 9 pm. They are not allowed to contact you at your workplace or any other place that you have asked them not to. You can also sue them with the help of a Miami Debt Defense attorney if they spread rumors or bad names about you and your debt in the neighborhood.
Stopping the debt collectors from contacting
According to the law, the debt collectors can only contact you through phone calls, emails, text messages, and letters to collect a debt. You can stop them from calling or contacting you by sending a letter by mail asking them to do so. This letter may or may not be drafted by the Miami Debt Defense attorney, but make sure that you keep a copy of it before you post it.
Maintaining all records
You may wonder whether or not you need to keep records of your letters and conversations with the debt collector. Well, ideally you should. The best way to send any letter to the debt collector is through a certified mail and retain the return receipt. This will be the record that the collector received it. another good way is to ask the debt collector to contact your attorney instead of you while calling you for debt collection. To read more Click Here
Types of debts covered
A debt collector can only call you for some specific type of debts. If you know the types it will be easy for you to protect your rights or hire a Miami Debt Defense attorney when you need to do so. The laws framed by The Fair Debt Collection Practices Act, FDCPA are enforced by the FTC. According to the law, it is illegal for any debt collector to use deceptive,unfair, or abusivepractices, while collecting debts or making a call. The restrictions are applicable on credit card debts, auto loans, student loans, medical bills, mortgage loans, personal loans and other commercial loans but not business debts.
Contacting a debtor
There are few restrictions imposed by the law on the debt collectors regarding the time, place and other aspects of contacting a debtor. The debtor cannot contact you at any time or any place that they want to. In fact, they must follow your instructions when it comes to contacting you. At no cost the time or place should be inconvenient for you. they are not allowed to contact you before 8 am or after 9 pm. They are not allowed to contact you at your workplace or any other place that you have asked them not to. You can also sue them with the help of a Miami Debt Defense attorney if they spread rumors or bad names about you and your debt in the neighborhood.
Stopping the debt collectors from contacting
According to the law, the debt collectors can only contact you through phone calls, emails, text messages, and letters to collect a debt. You can stop them from calling or contacting you by sending a letter by mail asking them to do so. This letter may or may not be drafted by the Miami Debt Defense attorney, but make sure that you keep a copy of it before you post it.
Maintaining all records
You may wonder whether or not you need to keep records of your letters and conversations with the debt collector. Well, ideally you should. The best way to send any letter to the debt collector is through a certified mail and retain the return receipt. This will be the record that the collector received it. another good way is to ask the debt collector to contact your attorney instead of you while calling you for debt collection. To read more Click Here