As a debtor, you have certain rights and protections which have been afforded to you under the Fair Debt Collection Practices Act (FDCPA). What this means is that, even if you have fallen behind on personal, family or household financial obligations and you are unable to pay debts you legally owe, you do not have to become a victim of
creditor harassment, mistreatment or abuse. One of the first steps in being able to protect your rights is understanding your rights.
Under the FDCPA, a debt collector or collection agency is prohibited from:
- Contacting family members, relatives, neighbors, employers or any other third party about your debt if those individuals are not co-signers on the debt.
- Threatening to pursue legal action, repossess your possessions, cause significant damage to your credit rating or garnish your wages unless they actually intend to do so and the law allows them to do so.
- Using intimidation or threats of violence and harm in an attempt to illicit payment on a debt.
- Making continuous phone calls or making calls at unreasonable hours of the day. Phone calls made to you by a debt collector or collection agency before 8am or after 9pm are a violation of the FDCPA. Phone calls made to your place of work, when you have specifically informed the debt collector that you are not allowed to receive personal calls at work, are not allowed either.
- Adding on fees or other interest charges not specifically covered under your original contract or allowed by state laws.
- Using profanity, obscenities, foul language or racial sluts and insults to bully you into paying your debt.
- Publishing your name as an individual who has refused to pay his or her debt.
Debt collectors who violate a consumer's rights under the FDPCA can be sued for their actions. Rick Hodge, Attorney at Law, L.C. is an aggressive advocate for consumer rights. We are well-aware of the unsavory collection practices that creditors and debt collectors sometimes use and the lengths to which they may go in an effort to recover payment on a debt.
We also have an in-depth understanding of the FDCPA and more than 14 years of experience fighting for our clients' rights. If you are being harassed or you feel your rights have been violated by a creditor, you need to call our firm at once. We will have a Kansas bankruptcy lawyer review your case and advise you of the legal options you may be able to pursuit.