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South Florida Bankruptcy Attorneys

Fair Debt Collection Practices

Creditors are barred under the provisions of the Federal Fair Debt Collection Practices Act and Florida’s Consumer Collection Practices Act from taking certain actions while attempting to collect a debt. If a creditor violates the federal act, you must sue within one year after the intentional act for your lawsuit to be valid. The state law gives you up to two years to file an action.

You might be able to recover damages if you are able to prove that the creditor violated the act intentionally and without a “bona fide error.” Here are some of the practices that the acts prohibit creditors from engaging in:

  • Using or threatening force or violence;
  • Using profane, obscene, vulgar or abusive language;
  • Creating a guise of being an attorney or working for an attorney;
  • Simulating in any manner a law enforcement officer or governmental agency;
  • Disclosing the debt to any other persons or even conveying to the debtor that this information will be conveyed to anyone else;
  • Publishing or threatening to publish information about the debt;
  • Communicating with you between the hours of 9 p.m. and 8 a.m.;
  • Communicating with you if the debt collector knows you are represented by an attorney (with a few exceptions here); and
  • Threatening you with arrest or imprisonment for failing to pay a debt.

If you or someone you know has been a victim of any of these practices or any other acts that seem designed to harass, oppress or abuse, call our Florida bankruptcy lawyers today at 754-400-5150 or contact us online for a FREE CONSULTATION. Our country’s history is filled with examples of people who have struggled financially but have gone on to become famously wealthy. They all reclaimed their part of the American Dream and we want to help you reclaim yours! Let the lawyers and staff of the Law Offices of Evan M. Rosen, serve you!

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