Protection from Debt Collectors

The Fair Debt Collection Practices Act (FDCPA) is a piece of legislation that was incorporated into the Consumer Credit Protection Act. Its main focus is to ensure that creditors conduct themselves ethically while attempting to collect on consumer debts. The act was also put into place to provide consumers with a reasonable method for disputing and obtaining validation of debt information to ensure the alleged debt's accuracy. The federal version of the FDCPA applies only to 3rd party collections although many states have passed their own legislation to extend to original creditors. For a personal and more detailed explanation of the laws that protect you from creditors you may visit http://bankruptcyhome.com.The main purpose of the FDCPA is to prohibit certain "abusive and deceptive" behaviors. Below are some of the provisions that the act stipulates:1.) Threatening consumers with arrest or legal action that is not actually contemplated or even possible. There is case law that states that if the balance is so low and a lawsuit is not feasible then you can assume there is no intent to sue. Generally, this occurs when the debt is less than $250.2.) Using abusive or profane language in the course of discussing the debt in question.3.) Collection attempts may only take place between the hours of 8:00 A.M. - 9:00 P.M.4.) Debt collectors must refrain from discussing the nature of the debt with 3rd parties.5.) 3rd party collectors are not allowed to contact consumers by telephone after receiving written notice that the telephone calls are "inconvenient."5.) On all written correspondence from the creditor the must explicitly notify the consumer that the purpose of the correspondence is to collect on a debt.6.) Furthermore the creditor is required to furnish proof of the debt to the consumer. What constitutes "proof" has never been defined though.There are also some general actions that are prohibited under the legislation. Harassment is strictly forbidden in its various forms. 3rd party collectors may not use threats of violence, publish a list of consumers who have refused to pay their debts (except to the credit bureaus), use obscene language during the communication, and may not repeatedly use the telephone to annoy someone. The prohibition of repeatedly calling someone has been generally understood apply to situations in which the collector calls more than five times a day or contacts someone at work after having been made aware that such calls are not acceptable.False statements are strictly prohibited. Prohibited falsities include the following:1.) Imply that they are attorneys or government representatives.2.) Imply that you have committed a crime.3.) Falsely represent themselves as a credit bureau or an agency working for a credit bureau.4.) Misrepresent the amount of debt owed.5.) Give the false impression that you are being served with legal forms when they have no intention of doing so.6.) Give the false impression that the papers they are sending you are not legal documents when in fact they are.7.) State that you will be arrested if you do not pay the debt.8.) Tell you that they will seize, garnish, attach a lien, or sell your property unless the collection agency fully intends on doing so.9.) Give false credit information about you to anyone.10.) Give a false name whe attempting to collect on a debt. Bankruptcy attorneys have a deep knowledge of the debt collection process and are the best reference for you to consult with on your situation. For information on finding a bankruptcy attorney check out http://www.bankruptcyhome.com/choosinganattorney.htm

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