Your Guide to the Fair Debt Collection Practices Act

There are many ways that a creditor may seek to collect an outstanding debt. For example, the creditor may attempt to collect the debt through direct communications with the debtor, by filing a lawsuit against the debtor, by seeking to take possession of or to sell property securing the debt, or by hiring a debt collection service. However, some of the methods creditors employed were abusive and deceptive.

In 1978, Congress enacted the Fair Debt Collection Practices Act (FDCPA), U.S.C. § 1692 et seq. when confronted with “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors,” 15 U.S.C. § 1692(a).

How may a debt collector contact a debtor?: A collector may contact a debtor in person, by mail, telephone, or fax. However, a debt collector may not contact a debtor at inconvenient times or places. A debt collector also may not contact a debtor at work if the collector knows that the debtor’s employer disapproves of such contacts.

Can a debtor stop a debt collector from contacting them?: A debtor can stop a debt collector from contacting him or her by writing a letter to the collector telling them to stop. Once the collector receives the debtor’s letter, they may not contact the debtor again except to say there will be no further contact or to notify the debtor that the debt collector or the creditor intends to take some specific action.

Can a debt collector contact anyone else about the debt?: If the debtor has an attorney, the debt collector must contact the attorney and not contact the debtor. In the event that the debtor does not have an attorney, a debt collector may contact other people associated with the debtor, but only to gather limited information.

Contact Andrew Weisblatt

Collecting unpaid debts are essential to the success of any business. Texas attorney Andrew Weisblatt is a skilled Houston B2B business collections attorney who understands how to effectively collect from businesses that may be reluctant or unable to pay their outstanding financial obligations. To schedule an appointment with Mr. Weisblatt, call our Houston office today at 713-666-1981.

Sources

http://smallbusiness.findlaw.com/business-debt-and-bankruptcy/small-business-debt-collection.html

http://www.avvo.com/legal-guides/ugc/monitoring-and-collecting-your-accounts-receivable

http://smallbusiness.findlaw.com/business-debt-and-bankruptcy/options-when-you-can-t-pay-your-business-debts.html

 

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