Fair Debt Collection Laws
Below is some information about this issue. We hope you find this helpful. The Fort Lauderdale and Hollywood bankruptcy lawyers at the Law Offices of Evan M. Rosen wrote this out of a genuine desire to be of service to those seeking information about whether bankruptcy is right for them. If you have any questions or would like to explore this further, feel free to call us today at (754) 400-5150 or contact us online.
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. The state law gives you up to two years to file an action.
Here are some of the practices that the acts prohibit creditors from engaging in:
- Attempting to collect debt while the bankruptcy stay is in effect
- Attempting to collect debt that has been discharged in bankruptcy
- 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)
- Threatening you with arrest or imprisonment for failing to pay a debt
There can be numerous other improper debt collection practices violations. You can read more about that here.
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, or you are interested in filing bankruptcy and obtaining a fresh start from debt and financial challenges, call our Fort Lauderdale and Hollywood bankruptcy lawyers today at (754) 400-5150 or contact us online. Let the Law Offices of Evan M. Rosen serve you!