A debtor’s rights under the FDCPA

On Behalf of | Feb 6, 2020 | Bankruptcy |

Florida residents and others who owe money to creditors could be contacted by a debt collection agency. A debt collection agency must generally follow Fair Debt Collection Practices Act (FDCPA) guidelines when interacting with a debtor. Under FDCPA rules, a debtor cannot be contacted before 8 a.m. or after 9 p.m. unless the debt collection agency has permission to do so. Furthermore, debtors have the right to block future attempts at contacting them.

This request must be made in writing, and a debt collection entity has the right to send a final notice acknowledging that it has been received. Entities engaged in debt collection activities may not lie about who they are or how much an individual owes. Debt collectors generally cannot add interest or other fees to the amount a person currently owes unless state law allows them to do so.

If a debt collector obtains a judgment against a debtor, it may be possible for that entity to garnish up to 25% of a person’s wages. In some cases, the money will be taken directly out of a debtor’s bank account. In the event that a debtor agrees to make a payment to a debt collector, that individual can mail a check or have the money transferred from a bank account. This is true even if a debt collection agency demands that the money be sent by a wire transfer or money order.

Filing for bankruptcy may be an effective way to put an end to creditor or debt collector phone calls or letters. It can also make it possible to have unsecured debts discharged either immediately or at the conclusion of a repayment plan. If an unsecured debt balance remains when a bankruptcy case comes to an end, that balance will likely be forgiven.