In 1978, the United States enacted the Fair Debt Collection Practices Act (FDCPA) to protect borrowers from creditor harassment. The FDCPA prohibits creditors from engaging in unscrupulous or abusive behavior when attempting to collect a debt. Florida debt collection laws add further protection to Florida residents and allows victims of creditor harassment to sue creditors in Florida State Courts. Under the Florida Commercial Collection Practices Act, a creditor found guilty of engaging in prohibited collection activities can be subjected to stiff penalties and be required to pay your attorney fees. If you are a victim of creditor harassment, contact Florida Law Advisers, P.A., for help. We will aggressively defend your rights and help put an end to the harassing phone calls and letters.
Prohibited Debt Collection Activities Include:
- Calling during irregular hours, such as before 8:00am or after 10:00pm
- Pretending to be a police officer or any other law enforcement official
- Communicating directly with a borrower who has hired an attorney
- Contacting third parties, such as a neighbor or employer to discuss your debt
- Using abusive, profane or obscene language with the borrower
- Excessively frequent phone calls
- Using any manner of deception or misrepresentation in an attempt to collect a debt
- Disclosing information that negatively effects your reputation
- Continuing to contact a borrower after receiving a notice to cease
- Reporting false information to credit reporting agencies
If your creditors are engaging in any of these practices keep records of each communication the creditor has with you. Also, if possible obtain witnesses who can testify and support your allegations of the abusive debt collection practices. Our debt relief attorneys can use this evidence to bolster your case and help end the harassment.
Consult With a Bankruptcy Attorney in the Tampa Bay Area Today
Florida Law Advisers, P.A., is an experienced law firm that takes an aggressive approach to ending creditor harassment. We understand how frustrating abusive debt collection practices can be for a family and we vigorously fight to defend our client’s rights. If your creditors are engaging in any of the types of illegal debt collection practices mentioned above call us for help. We will take immediate action to help end the harassment and protect your rights.
Frequently Asked Questions
When a Chapter 13 or 7 case is filed an automatic stay is instantly put into effect. The automatic stay is a federal law which stops all collection activity, including phone calls and notices from creditors.
Monitor your credit reports closely and report errors or accounts that require updating. The Fair Credit Reporting Act allows for every person to receive one free credit report every 12 months.
If the debts are eligible for discharge, the entire balance can be wiped out. Therefore, late fees, penalties, and legal fees would all be removed under the discharge.
The FDCPA prohibits creditors from engaging in unscrupulous or abusive behavior. Further, under the Florida Commercial Collection Practices Act, creditors found guilty of engaging in prohibited collection activities can be subjected to stiff penalties and required to pay your legal expenses.