Credit Card Lawsuit Defense: Facts About Collection Laws

The Fair Credit And Fair Debt Collection Practices Act provide protection against abusive debt collectors against dirty collection tactics including outright threats, intimidation, incessant phone calls, and other techniques formerly used to collect a debt. With this act, mean-spirited debt collectors can now be held responsible for their nasty collection efforts.

One example is the usual practice of debt collectors of asking a debtor’s bank account or credit card information when collecting debts. In the past, consumers have no choice but to give the information but thanks to the FDCPA, they can now refuse to take phone calls. Once a collector contacts you, you are given 30 days to dispute the debt and make the debt collector prove that you own the debt. During this time, they are forced to stop all collection efforts and send you a documented proof that the debt is indeed, yours. If they cannot present proof of the debt’s ownership, the lack of evidence can e used for credit card lawsuit defense.

In addition, collection laws now prevent collectors from interacting with the debtors. Collection agencies are prohibited from using vulgarities, threats, and obscenities to collect a debt. They can no longer demean, belittle, or humiliate a person into paying the debt. They can no longer give empty threats to your family or your property once you are not able to pay the debt and they cannot tell you that they will file a credit card lawsuit or garnish your wages unless they obtain legal authority to do so. These laws make great credit card lawsuit defense against obnoxious collection agencies and agents.

Debtors no longer need to put up with incessant phone calls from a collection agency. By filing a Cease and Desist order, sent by certified mail with no return receipt requested, you will stop these unwanted phone calls. If they ignored this, they are in violation of the mandated credit card collection laws in your state.

In the past, collection agencies and collection agents will not hesitate contacting a debtor’s friends, family, neighbors and even employers in an effort to humiliate the debtor into paying the debt. Today, they can no longer contact any person close to you and instead, they are only allowed to contact a third party person to get in touch with you. They are not allowed to identify themselves as debt collectors and they cannot discuss your situation with them. They are also prohibited from further contacts with your friends, family colleagues, neighbors or employer unless the third party person specifically invites them to call back.

It’s important to learn the right credit card lawsuit defense before and after a lawsuit. You cannot simply allow debt collectors into providing all the information they need because you have the right to pursue them legally if they violate the law. So don’t be a victim. Learn more about consumer act, your local laws, and other credit card lawsuit defense that will help your cause.

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