It is unfortunate that so many people in Michigan and across the United States are experiencing financial difficulties. There are, however, solutions to this problem and protections accorded to debtors. Understanding how the Fair Debt Collection Practices Act (FDCPA) shields debtors from certain behaviors of debt collectors is important.
Knowing the four critical rights accorded under FDCPA can avoid pitfalls. Debt collectors are not legally allowed to inform anyone other than the debtor about the debt. If a debt collector makes a threat to inform family members or employers, it is essential to let them know that it is not allowed under the FDCPA.
Harassment is a tactic that debt collectors may use. Communication can stop if the debtor requests it. Some debt collectors might try calling simply as an annoyance so the bill will be paid to put a stop to it. They are also restricted from calling beyond the hours of 8 a.m. to 9 p.m. Aggressive collection attempts and harassment can warrant reporting them. Debt collectors are not allowed to lie to collect a debt. Some insinuate they are authorized to threaten legal consequences for not paying. They might even threaten jail. They cannot do this.
Finally, the debtor can get the details of the debt. This includes the right to have a written notice with the amounts. It should be comprehensive with the creditors listed and what each is owed. There must be proof of the debt given upon request. These protections are beneficial when dealing with aggressive debt collectors. Still, it does not solve the problem of the debt itself. Whether it is credit card debt or any other type of debt, bankruptcy may prove an effective way of managing one’s finances. An experienced bankruptcy law firm might be able to help.