FDCPA – Knowing The Rules Of The Fair Debt Collections Act Empowers You

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FDCPA – Knowing The Rules Of The Fair Debt Collections Act Empowers You

The Fair Debt Collection Practices Act prohibits certain types of “abusive and deceptive” behavior by collectors:

  • They must stop contacting you after you notify in writing that you no longer wish to be contacted or refuse payment.
  • When to contact you: 8pm to 9pm (your local time).
  • Contact the consumer being represented (by an attorney or credit counseling service).
  • Causes the phone to ring repeatedly and excessively, or engages in excessive contact with someone with the intent to annoy, insult, or harass.
  • Contacting you at work after being told it is unacceptable or prohibited by your employer.
  • Submits you to the Bad Debt List.
  • Deception (for example, requesting a search warrant or subpoena).
  • False or unreasonable amounts.
  • Cursing, threatening or calling a third party for reasons other than location.

They must also:

  • Provide the name and address of the original creditor
  • verify debt
  • Informing you of your rights to dispute a debt
  • Identify yourself and disclose that this is an attempted debt collection.
  • File a lawsuit where appropriate (where you are).

Understanding the FDCPA can teach you the difference between harassment and a conscientious collector. Regardless of your circumstances, you have the right to be treated fairly and with respect. In fact, collectors who violate the rules will bear legal consequences. I urge you to carefully document and/or document instances where collectors violate these rules. It is your right not to feel ashamed or helpless because in your case you neglected to pay.

But… knowing the rules is only half the battle. You must understand your role in the solution.

First go back to the day when you took out a loan on your car, your mortgage, the various items you bought with your credit card. You only need other items that you have but haven’t saved. Despite all of the things that have happened to get you into harassing phone calls, you never intended to break your contract, did you? You make decisions that justify accumulating debt. Get past that.

Now you just need some time to figure out what you’re going to do with this mess. I’ve been there and thought the same thing. I believe no one intends to commit a crime, they are just victims of their own bad behavior. This often results in any interactions with Collectors seeming unpleasant. You feel harassed.

Second, change your bad behavior. It is said (and I believe it is true) that a budget is 80% behavior and 20% knowledge. This article gives you the main knowledge you need. You can view it as many times as you want. The rules of the FDCPA are clear, and knowing them really empowers you. Likewise, you have a right to be treated with respect in relation to your debts.

The remaining 80% is entirely up to you. Take control of your financial habits and act now. I’m a huge fan of Dave Ramsey and his baby toddler program. What I’m trying to say is that starting a program doesn’t really matter right now.

In his baby plan, the first step is to complete a written budget every month and save $1,000 for the (baby) emergency fund as soon as possible. You can check out the rest of his program yourself (God sent me). Read his book Total Money Makeover. For now let’s just focus on what your budget and emergency fund can do for you as it has to do with a strong mindset when dealing with collectors.

Are you paying unnecessary bills if it leaves you with nothing in an emergency? Absolutely not. Likewise, are you more likely to pay the bill you plan to pay if paying it doesn’t leave you broke? perhaps.

Your mindset (behavior) can allow you to solve your financial problems when you take the proper steps. Your call from Collectors will be in the right perspective. All components will be in place so you can interact with your collectors with the correct information. When is the date from now to never paying?

take away:

  1. You will most likely know how much your next paycheck will be and when you will receive it. forward You get it, complete a written budget.
  2. Know your rights. The FDCPA does not release you from paying your debts. However, it does allow you to communicate and negotiate fearlessly with your collectors. Be sure to embrace doing this.
  3. Figure out how to save a (temporary) emergency fund ASAP. It should take about 2 – 4 salaries.
  4. Once you have a written budget that sets out a reasonable repayment schedule, you can confidently make arrangements with your debt collector.
  5. Negotiate a successful solution that is a win-win for both you and the collector.

Knowledge is key. The FDCPA protects your interests because it dictates what debt collectors must do with your (and your) debts. Change the way you see your situation, how to move beyond it and the relationship that should exist between you and the collector. You’ll find yourself debt-free in no time.

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