Stressful Debt Collection Practices

have received these forms of abuse up to twice a week for 50 months out of the

Debtors who are unable to pay their various creditors after meeting their monthly household expenses, such as rent, food and utilities;

Filing a debt collection lawsuit without the immediate means of proving the debt is not an action prohibited by FDCPA provision 15 U.S.C. § 1692e(10). Harvey v. Great Seneca Financial Corporation., 453 F.3d 324 (6th Cir. 2006). In Harvey, plaintiff filed suit against defendant after defendant, in its complaint for money, failed to attach proof of: ownership, origination, and debt amount. Id. at 326. Defendant filed its complaint without the immediate means of proving the debt. Plaintiff argued that defendant’s doing so is a deceptive practice prohibited by 15 U.S.C. § 1692 e(10). Id. Plaintiff argued that defendant’s action was analogous to filing a time-barred suit; a practice regarded by many courts as deceptive under § 1692 e(10). Id. at

This is a personal matter, this law only applies to debt collectors and the consumer they are attempting to collected the debt from.

If you're still being contacted by debt collectors, it is not too late to settle your debt without legal action being taken against you. When you settle the debt in full, get the creditor or debt collection agency to issue you with a letter that states that you have paid your debt. You need to submit this to the credit bureaus so that they can update your record.

Many debt collectors continue to use deceptive, unfair and abusive practices to obtain money owed to a company. It is believed these practices lead to marital instability, job losses, individual privacy invasions and personal bankruptcies, and many feel protections in place fail to protect consumers. For this reason, the Fair Debt Collection Practices Act (FDCPA) was put into place. Laws do vary by state, yet debt collectors in every state must comply with this act when attempting to collect these monies. For this reason, many turn to an attorney specializing in Collections Law for assistance when they need to obtain compensation for an unpaid debt. One must be aware, however, that this practice does not apply to commercial debt.

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect past due debts from you.

If you are honest, you would have to admit that creditors have the right to use any means necessary, short of harassment, to collect monies owed them. Of course, that leaves you as the target of their actions, which isn't a good position in which to find yourself. If you are struggling to find ways to handle your debt, you are left with the task of trying to figure out how to proceed. One thing you might try is appealing directly to your creditors for some extra time, debt relief of better terms. That said, they are under no legal or moral obligation to oblige your requests. If you feel you have the ability to honor at least a good portion of your outstanding unsecured debt, you might need a little help in dealing with creditors.

They may call your home, work and cell phone at any time of the day or night, up to 9 p.m. If you do not answer, they will begin to call your friends and relatives. Before this happens, try contacting the company to work out a payment plan. Most companies would rather have a small payment from you than no payment at all. Do not be intimidated by their threats. Tell them upfront what you can afford to pay every month and stick to it. Be very careful about any repayment agreements. Read them very thoroughly before signing and know what terms you are agreeing to before signing.

When you are past due on your bills and the debt collectors start calling, it can make you feel helpless. However, it is important for all consumers to understand that they have numerous rights and laws that protect them, even if they owe the money the creditor is trying to collect. Below is a summary of the various different ways you are protected when dealing with a debt collector:

The debt collection industry is widely known for its failure to abide by the rules. For a collector that is willing to cross the line of what is allowed, social media provides an extremely effective means for harassing somebody. They can pressure you into paying a debt that you may not even owe simply by threatening to let the whole world know that you aren’t paying your debts – which is a clear violation of the Fair Debt Collection Practices Act (FDCPA). Sadly, the more outrageous a collector’s efforts are, the more likely they are to get paid. Even worse, many consumers are not aware that the collector is violating their rights in using such methods.

Once the process is started the creditors are prohibited from contacting the debtors about the debt. After the process is completed, the debtor no longer responsible for any of the debts discharged in his bankruptcy.

Typically when an individual defaults on an unsecured debt like credit card or medical bills the debt goes to a collection agency or with a law firm that will file a lawsuit and serve the debtor with a summons and complaint. If the summons isn’t answered, the creditor will gain a judgment which allows them to garnish wages and levy bank accounts. This can become even more costly than the original debt, as the amount owed will included attorney fees, interest, and any other costs that have been incurred in order to collect the debt.

Should they demand full payment, you may be left with little choice other than to consider your bankruptcy options.

When you're unable to pay your credit card debts and other unsecured accounts, catching up can seem impossible. The stress of living under the constant stress and threats of debt collectors can impact every aspect of your life, but Robert A. Schwartz can help. As an accomplished bankruptcy attorney, he has helped thousands of Rochester families find the debt relief solutions they need with reliable, responsive service that is centered around your needs.