Saturday, November 10, 2012

Fight Back Collectors with FDCPA

Loans and debts are always a cause for worry. Not only do they mar the credit report, they also rob you of your sleep. A defaulted loan will reduce your credit score and worsen your chances of getting any financial help in the future.

Therefore, the best thing is to get rid of them. Now, it is not as easily done as said. It is best to start planning the payment before taking the loan. But that is not possible always. As a result, you end up with an unpaid loan. There are a number of ways to get you out of this situation. Though these solutions have their price, they are better than the consequences that the defaulters have to face. .


Once you have defaulted on your loans, you can expect a ring from the debt collectors at any time of the day. One way to get rid of them is by filing bankruptcy. The debt collectors are barred from contacting you even via a phone call from the day you file it. But it does not cover all the kinds of debts and not all borrowers are eligible for it.

Being defaulter leaves you completely defenseless against the verbal, mental and sometime the physical assaults of the debt collectors. But you are not. The FDCPA is with you and you have the right to fight back if you are facing somekeyword inordinately. According to the Act,
The debt collectors have to validate a loan before they can call you up about it. If they cannot then they have to stop acting on it.
They cannot discuss your debt with a third person, like your friend, employer or any other member of your family.
They do not have the right to contact you directly if you are already being represented by an attorney.
Threaten you with legal consequences when there are none.
Calling you before 8am and after 9pm is strictly prohibited and they cannot call you any number of times even within this time.
They have to provide you with authentic information about the debt. Any misinformation on their part will give you the right to sue them.
The documents that they end you must not falsely resemble a legal or a government document. The FDCPA covers only personal debts and loans. Business loans and debt have another set of laws and rules. It gives you the right to claim up to $1000, the attorney's fees and the cost of the lawsuit.

No comments:

Post a Comment