What is Debt Collection Defense?
Debt collection defense is the assurance of the “Fair Debt Collection Practices Act.” Debt collectors are required to abide by the rules and regulations that allow for a safe and legal debt collection process. The Fair Debt Collection Practices Act has proponents to ensure safety to both the collector and the debtor including protections against:
- Harassment: Debt collectors have no right to abuse the other party. Abuse can come in many different forms like contacting multiple times daily, calling daily, repeated calls with no messages, using social media as a form of contacting and using automated dialers to constantly contact. Embarrassing, rude and/or argumentative demeanor could all be examples of harassment.
- Calls at work: Phone calls contacting a place of business could lead to employment conflicts. Any calls to the debtor’s workplace (including leaving messages with a receptionist or on a cell phone while the debtor is at work) are violations. Calls from a debt collector can be made any time from 8am-9pm that the debtor is not in the workplace.
- Contacting a third party: Collectors may not speak to any other person about a debt without permission of the alleged debtor. This includes a spouse, family member, neighbor, friend, or co-worker, etc. Any outside contact is a violation of the law.
- Collection of debts not owed: No agency can call regarding “late fees” when an alleged debtor is not late, or to advise about higher interest rates, attorney fees, costs or any miscellaneous fees of any sort.
- Contact after a representation of an attorney: Once a collector is notified the debtor is represented by an attorney, messages, questions, and all other communication must be directed to the attorney only.
- Cease and Desist: Any form of communication from a debt collector (after receiving a “cease and desist” letter) must stop.
- Debt proof: Debt collectors are required to send “verification and validation” of a debt. Debt collectors must also send supporting documentation proving an actual debt is past due, and until they do so, they may not communicate or attempt to collect the alleged debt. It is important that the alleged debtor requests the “verification and validation” within 30 days of a debt collectors’ first contact. In addition, the dispute letter must be “certified return receipt requested” in order to produce a paper trail.
- Falsity: Debt collectors may not give false credit information about you to anyone. Debt collectors may not use a false company name or send you anything resembling an official document from a court or government agency when in reality, it is not official documentation.
Protecting your rights:
It is extremely important to contact a law firm that can protect your rights. It is vital that you contact a law firm that has an understanding of Debt Collection Defense and the complexities of the extensive FDCPA bill and other laws that can protect your rights. By contacting Kathryn Wayne-Spindler and Associates, you are ensuring you will get thorough and conscientious debt collection defense.
Contact us at 248-676-1000 today to discuss your Debt Collection Defense issues.
Kathryn Wayne-Spindler & Associates have many satisfied clients throughout the five counties of Southeastern Michigan – Oakland, Washtenaw, Wayne, Genesee and Livingston. The Michigan Family Law Attorneys of Kathryn Wayne-Spindler & Associates have one simple objective: to handle our clients’ legal worries so they can concentrate on life and family. Contact Kathryn Wayne-Spindler & Associates today to learn more about our experience and success at 248-676-1000. We are conveniently located in Milford, Michigan. We help clients throughout Milford; Highland; Hartland; White Lake; Commerce; Waterford; West Bloomfield; Walled Lake; South Lyon; New Hudson; Wixom; Linden; Holly; Fenton; Grand Blanc; Flint and many more local communities.