Jason Weaver P.A.
3531 Griffin Rd.
Ft. Lauderdale, FL 33312
(954) 987-0515 / (954) 964-3764 (fax)
jason@jasonweaverpa.com
3531 Griffin Rd.
Ft. Lauderdale, FL 33312
(954) 987-0515 / (954) 964-3764 (fax)
jason@jasonweaverpa.com
Home / About Us / Foreclosure Defense / Bankruptcy / Abusive Collections
Jason Weaver PA 3531 Griffin Road Ft. Lauderdale, FL 33312
(954) 987-0515 / (954) 964-3764 (fax)
jasonweaveresq@gmail.com
Jason Weaver PA 3531 Griffin Road Ft. Lauderdale, FL 33312
(954) 987-0515 / (954) 964-3764 (fax)
jasonweaveresq@gmail.com
Creditors are allowed to try to collect thier debts.
But there's a right way and a wrong way to do it....
And many collection agencies go about it the wrong way.
But there's a right way and a wrong way to do it....
And many collection agencies go about it the wrong way.
You don't have to put up with abusive collections pratices. Fight Back. Protect Yourself.
WHAT IS THE FDCPA?
WHAT KINDS OF COLLECTIONS PRACTICES ARE ILLEGAL?
The entire range of illegal collections tactics are too long to list here. But here's a partial list. Please remember that you shouldn't just assume that something a collector is doing to you is OK--even if it's not on the list below. Call us to discuss your individual situation.
A creditor May Not:
-Call before 8am or after 9pm
-Contact you if they know you have an attorney
-Call your employer
-Harass, oppress or abuse you.
-Threaten violence to you or your property.
-Use profanity or abusive language
-Call you repeatedly with an intent to harass
-Tell or threaten to tell others about your debts
-Threaten legal action, lawsuits, or tell you what legal action others may take against you
-Hide thier identity or the identity of your creditor
-Pretend to be associated with law enforcement, the courts, or the US government
-Reporting debts to credit reporting agencies after you've contested the validity of the debt
-Using debt collection language on envelopes
-Collecting on a debt that's not legally owed (for example, after time limitations have expired, where there has been identify theft, or other reasons that the creditor should know that the debt isn't valid)
-Failure to provide "this is an attempt to collect a debt..." language
-Failing to identify themselves as debt collectors
-Theatening to take any action that can't be legally taken
-Attempt to disgrace the consumer, or suggest that the consumer has or will lose rights
-Suggesting the collectors are attorneys if they aren't
-Using records to leave messages on your cellphone if you have requested that they cease from doing so
-
A creditor May Not:
-Call before 8am or after 9pm
-Contact you if they know you have an attorney
-Call your employer
-Harass, oppress or abuse you.
-Threaten violence to you or your property.
-Use profanity or abusive language
-Call you repeatedly with an intent to harass
-Tell or threaten to tell others about your debts
-Threaten legal action, lawsuits, or tell you what legal action others may take against you
-Hide thier identity or the identity of your creditor
-Pretend to be associated with law enforcement, the courts, or the US government
-Reporting debts to credit reporting agencies after you've contested the validity of the debt
-Using debt collection language on envelopes
-Collecting on a debt that's not legally owed (for example, after time limitations have expired, where there has been identify theft, or other reasons that the creditor should know that the debt isn't valid)
-Failure to provide "this is an attempt to collect a debt..." language
-Failing to identify themselves as debt collectors
-Theatening to take any action that can't be legally taken
-Attempt to disgrace the consumer, or suggest that the consumer has or will lose rights
-Suggesting the collectors are attorneys if they aren't
-Using records to leave messages on your cellphone if you have requested that they cease from doing so
-
Who Can Be Sued Under the FDCPA?
Generally, anyone other then the original creditor. This means collections agencies, law firms, mortgage or debt servicers, etc. For example, Chase bank collecting for itself, is not liable under the act. Once it becomes NCO Financial or another collection agency (or a mortgage servicer, for example, or a law firm), then the FDUTPA comes into effect.
What Are the Damages Under the FDCPA?
Up to $1,000 per violation, or actual damages that you may have sustained due to the illegal collection activities.
If my collector has violated the FDCPA, is the debt still enforceable?
Legally, yes. But if there are multiple violations, the penalties may be greater than your debt. For example, if a collection agency has acted illegally 2 times, that's a $2,000 damage award that you would be entitled to. If you owed $1,500 to that collector for the original debt, you would be able to "offset" your debt entirely.
How Do I Afford an Attorney?
You pay us nothing in fees during the case. By law, the collection agency must pay your attorney's fees. We collect our fees from the collection agency, other than a small court filing fee, which will also be recovered from the collection agency.
What Time Commitment is Required From Me?
Usually, very little. On average, you may need to appear in court one day, but there are cases where our clients never need to appear in court or miss work. Only in limited cases, (especially those with multiple or more severe violations by the creditor) would your time commitment be greater.
What if I do legally owe the debt that's trying to be collected?
You can still sue your collection agency under the FDCPA if they violate the act. The law has nothing to do with whether you legally owe the debt or not. It has to do with forcing creditors to collect debts in fair and nonabuse ways. Collectors can and do violate the law, even while collecting valid debts.
Generally, anyone other then the original creditor. This means collections agencies, law firms, mortgage or debt servicers, etc. For example, Chase bank collecting for itself, is not liable under the act. Once it becomes NCO Financial or another collection agency (or a mortgage servicer, for example, or a law firm), then the FDUTPA comes into effect.
What Are the Damages Under the FDCPA?
Up to $1,000 per violation, or actual damages that you may have sustained due to the illegal collection activities.
If my collector has violated the FDCPA, is the debt still enforceable?
Legally, yes. But if there are multiple violations, the penalties may be greater than your debt. For example, if a collection agency has acted illegally 2 times, that's a $2,000 damage award that you would be entitled to. If you owed $1,500 to that collector for the original debt, you would be able to "offset" your debt entirely.
How Do I Afford an Attorney?
You pay us nothing in fees during the case. By law, the collection agency must pay your attorney's fees. We collect our fees from the collection agency, other than a small court filing fee, which will also be recovered from the collection agency.
What Time Commitment is Required From Me?
Usually, very little. On average, you may need to appear in court one day, but there are cases where our clients never need to appear in court or miss work. Only in limited cases, (especially those with multiple or more severe violations by the creditor) would your time commitment be greater.
What if I do legally owe the debt that's trying to be collected?
You can still sue your collection agency under the FDCPA if they violate the act. The law has nothing to do with whether you legally owe the debt or not. It has to do with forcing creditors to collect debts in fair and nonabuse ways. Collectors can and do violate the law, even while collecting valid debts.
The Fair Debt Collection Practices Act (FDCPA) is a Federal Law that places strict requirements on how a collector may collect a debt. The law is broad, prohibiting a wide range of collections tactics. Even things that you may think a collection agency may be able to get away with, may be illegal under the FDCPA.
Unfortunately, in desperate attempts to frighten you, collectors often break the law and resort to harassment, threats, coersion, and embarassment.
Our Blog
Our Blog
MORE INFORMATION...
