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  • Borrowers’ Rights against Creditor Harassment (Part 1)

    The Fair Debt Collection Practices Act sets for a series of borrowers’ rights that attempt to protect borrowers against potentially abuse practices of creditors.

    The Fair Debt Collection Practices Act sets for a series of borrowers’ rights that attempt to protect borrowers against potentially abuse practices of creditors.

    When borrowers find themselves struggling to pay their monthly bills, it’s not uncommon that they may miss a payment or two and that they will start to be pestered by creditors who are demanding payment. In such cases, it’s important that borrowers are aware of their rights so that they know when creditors have acted illegally and they can seek legal recourse to penalize unethical creditors.

    The Fair Debt Collection Practices Act (FDCPA), which was initially passed in 1977 and has since been amended multiple times, establishes a series of rules and regulations regarding how creditors are legally allowed to interact with borrowers when collecting debts. While the FDCPA is focused on protecting borrowers from potentially abusive debt collection practices, it also sets forth various regulations for promoting fair debt collection and for holding abusive creditor accountable for violating the law.

    The FDCPA: What Creditors Are Legally Required to Do

    According to the FDCPA, creditors are legally required to do the following when contacting debtors about collecting on monies owed. Creditors must:

    • Clearly explain what creditor they are associated with in every type of communication – including phone calls and written letters – sent to debtors
    • Provide debtors with the complete company name and address of the creditor, should a debtor request it, within 30 days of the debtor’s request
    • Inform debtors of their rights to dispute the debt in question
    • Send debtors proof of the debt in question, should debtors officially request such proof, within 30 days of the debtor’s request (If creditors fail to send proof of the debt within 30 days, they are legally required to stop trying to collect on that debt from the debtor).

    If creditors do not abide by these stipulations, they will be in violation of the FDCPA, can be sued by debtors and can be ordered to pay debtors up to $1,000 plus attorneys’ fees.

    If you are struggling with debt and are looking for a financial fresh start, contact the trusted Colorado bankruptcy lawyers at The Law Office of Andrew McKenna. For more than 20 years, we have been successfully overseeing our Clients’ bankruptcy cases so they can resolve their financial issues as beneficially as possible. Our comprehensive legal knowledge coupled with our vast experience allows us to consistently and efficiently help our Clients achieve the best possible resolutions to their financial matters. For an evaluation of your case and expert advice regarding how to move forward, call us at (303) 730-8819.


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