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Federal and state laws protect debtors from debt collectors harassing or taking advantage of them. The Fair Debt Collection Practices Act (FDCPA) provides debtors from misleading, deceptive and unfair debt collection techniques. If you believe that a debt collector has harassed or taken advantage of your situation, you might qualify for protection under this statute. If your situation qualifies under the FDCPA, we will fight to protect you from your creditors’ illegal actions. Don’t put up with the threatening phone calls and harassment a moment longer.
Contact Vlahakis Law Group to schedule a consultation with a lawyer today. 312-766-0511
The FDCPA forbids creditors or debt collectors from contacting anyone except those who reside with a debtor. For example, should a creditor contact a debtor’s employer to inform them that the debtor owes them money, that is a violation of the law. Creditors may contact third parties for information about a debtor, but they must not disclose that the person owes them money. Debt collectors must limit their mail notices to one per month if the debt is in default and the debtor has provided the creditor with a notice to request monthly communications. Insults and threats of physical retaliation also, of course, run afoul of the law. Be sure to document everything. If you think a creditor has overstepped their boundaries, contact us as soon as possible.
State law limits the time when a creditor can file lawsuits against debtors for defaulting on their debts. These limits vary according to the type of debts incurred. Creditors have three years to file a lawsuit for credit card debts and purchases for which a debtor signed a contract – such as vehicle purchases. For oral agreements and promissory notes, creditors have ten years to file a lawsuit. If your debt falls within these limits, your creditors might be well within their rights to file a suit against you. To learn what your rights are under the FDCPA and how to fight back against unfair debt collection practices, book an appointment today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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