As a creditor, one of your primary goals is to receive payment from debtors. However, before doing so you should contact a law firm experienced in collections law. Our collections lawyers can explain local and state laws that apply to you and can advise you on how to move forward.
Fair Debt Collection Practices
This act was created with the rights of the debtor in mind. It is designed to protect debtors from suffering abusive behavior from creditors. Under the collection laws, the following conduct is prohibited:
- Contacting consumers earlier than 8am or later than 9pm
- Failure to stop communication upon the request of the consumer
- Using a telephone to harass a consumer in any way
- Communicating with consumers at their place of business
- Contacting a consumer who is known to be represented by an attorney
- After the consumer requests validation, the creditor must cease communication
- Any form of misrepresentation or deceit
- Publishing the name of the debtor on a bad debt list
- Seeking unjustified monetary amounts
- The threat of incarceration or legal action
- Abusive language
- Sharing information of the debtor with third parties, including the media
- Writing false information of the credit report of a consumer, or threatening to do so
The Fair Debt Collection Practices Act is extensive and sometimes difficult to understand. An attorney who specializes in collection law in Texas, Tennessee, and Arkansas can quickly assess your case and assist you in receiving payment.
While the Fair Debt Collection Practices Act protects individuals who have personal, family, and household debts, it does not cover debts incurred from running a business. As a creditor, you may contact the debtor in a polite manner. You cannot be abusive and communication must cease at the request of the debtor. If a debtor fails to repay a debt, you may file a lawsuit to collect payment. However, it is important to understand that many federal benefits cannot be garnished.