The Factors That Determine Collection Agency Harassment In Miami

It is not always true that when you get a call from a debt collector, the debt necessarily should be yours. If you think that you do not owe the money but are not absolutely sure, you can ask for more information about the debt that they claim to be yours. On the other hand, if you are sure that the debt is yours and you owe the claimed amount to your creditor, the debt collectors cannot take advantage of it and start harassing you to make the payment. You can ask them to stop contacting you by sending a letter by mail at any time. If they do not, file a case for Collection Agency Harassment in Miami against them.

Things not allowed

FTC has enforced the FDCPA or Fair Debt Collection Practices Act to protect the rights of the debtors. In this Act they have set a few specific guidelines for the debt collectors specifically mentioning the things that they can do and cannot do. According to this law, at no point of time or for any rhyme or reason the debt collector can harass you. A few specific instances of Collection Agency Harassment in Miami include threatening you with harm, violence or arrests, harm using profane, abusive or obscene language over the phone to you or to anyone who answers the phone, lying about their identity or the amount of debt you owe, and calling you repeatedly to annoy you.

Unfair practices prohibited

The law also prohibits the debt collectors or the debt collection agencies from following any unfair or deceptive practices while establishing a contact with you. Otherwise, these acts will be considered to be Collection Agency Harassment in Miami and the debtor will have the right to sue the to court. Any false or misrepresentation of facts is also prohibited according to the law. They cannot inflate the amount you actually owe by adding their fees to it. They also cannot say that they are government representatives or attorneys and will arrest you or take a legal action against you if that is not true. Other unfair practices include depositing a post-dated check early and threatening to confiscate your property if you do not pay up, if that cannot be done legally.

Other things not allowed

A debt collector cannot sue you unless they confirm that the said debt is your through a validation notice and inform you beforehand that they are going to take legal action against you, provided that they are allowed and it is true. Otherwise, this will also be considered as Collection Agency Harassment in Miami. If they sue you, respond immediately, preferably through an attorney, within the specified date in the court papers.

Garnishing ages and benefits

The debt collectors do have the rights to garnish your wages and even your federal benefits in some cases. However, they can do it only after suing you and getting a court order. This order is called a garnishment. Then they can take their due amount from your paycheck or from your bank account. For more information visit Our Website