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Fair Debt Collection Laws

When you file bankruptcy, there are numerous laws that protect you from creditors’ attempts to collect a debt. We have successfully sued many companies for different types of improper debt collection, including attempts to collect a debt that was discharged in bankruptcy.

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!

Under federal law, we are a "debt relief agency." In addition to other legal services, we help people file for bankruptcy relief under the Bankruptcy Code.

Client Reviews
Mr. Rosen was recommended to us by our friends and we highly recommend him for his excellent service. He represented us in the matter of foreclosure defense. His comprehensive and detailed knowledge of Florida law, federal law, and ongoing relevant cases was key to building a robust and winning strategy for our case. He presented us with several options and the risks associated with each, but ultimately, we picked the one that worked best for us. Mr. Rosen and his legal team are highly professional and always easily approachable via phone or e-mail. Once again, highly recommended. Jadwiga M.
In a few words, Evan Rosen saved my house. He got a final judgment in my favor. The judge gave the bank many opportunities (continuance of the trial even a mistrial) to solve all the issues that Evan Rosen will bring up to the judge (issues that were wrong with my case). In the end, his arguments could not be overlooked by the judge and Evan won the judgment in favor of the defendant (me) and an involuntary dismissal of the case. If you want to have the best chances to win your foreclosure case, you need Evan Rosen on your side. He is the Super Lawyer. I have seen him flying out of the courthouse. Oscar D.
I am so grateful first to god and for the blessing of putting attorney Evan Rosen and his team of professional, in our lives. If you are going through a foreclosure and don't know what to do, I can honestly tell you that attorney Evan Rosen is the person to talk (855-55-Rosen) he takes his time to hear your situation and never sugar coats anything and he does not give you false hope. He is an attorney that you can be sure will fight the fight for you. I know nowadays it's hard to find an attorney that you can trust, but know this, you will not regret the day you choose him. Julie D.