Debtors Have Rights Too
In 1978 Congress enacted the Fair Debt Collection Practices Act, or FDCPA, to protect the rights of debtors and to eliminate debt collection practices that were unfair, deceptive and abusive

December 07, 2011 /24-7PressRelease/ -- Debtors Have Rights Too

In 1978 Congress enacted the Fair Debt Collection Practices Act, or FDCPA, to protect the rights of debtors and to eliminate debt collection practices that were unfair, deceptive and abusive. The FDCPA is designed to cover the collection of debt incurred by a consumer for individual, family, or household purposes, which includes money owed on a personal credit card, a home mortgage and medical bills. Individuals and companies that collect debt, such as collection agencies and lawyers, are also bound by the provisions imposed by the FDCPA.

If you are behind on bills, you may be contacted by a debt collector. Understanding your rights under the FDCPA is essential to protecting yourself. For example, debtors are able to challenge the payoff demands of a creditor and seek a determination on the legitimacy and accuracy of any and all debts being claimed. You can request a written "validation notice" telling you exactly how much you supposedly owe and to whom. Debt collectors don't have the right to contact you before 8 a.m. or after 9 p.m., nor can they contact you at inconvenient times or locations unless you agree to it. If you tell a collection agency you cannot accept calls at work, they must stop calling you there.

Some Creditors Skirt FDCPA Protections

Despite the protections that the FDCPA offers, sometimes debt collectors can still use less-than-pleasant tactics to harass and intimidate debtors. Common techniques employed by debt collectors include evoking fear in a debtor with claims that nonpayment will result in arrest, legal action or garnishment of wages.

Debt collectors have absolutely no right to misrepresent your debt or bully you. If you are having financial hardships and your debts are becoming overwhelming, you should seek the assistance of a qualified bankruptcy attorney who can help you during what can be a very difficult time. Knowing your rights can be the key to escaping your financial troubles.

In addition, an attorney can provide advice on whether Chapter 7 or Chapter 13 bankruptcy might be right for your situation. All creditors must stop collection actions at the outset of bankruptcy and after completion much or all of your debt might be discharged or in a repayment plan, so you will no longer receive creditor calls and letters.

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