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Debt Collection Laws Prohibit Trespassing on Consumers Property

Adam J Krohn / Posted: 2009-02-06 12:00 am
All debt collection agencies, and debt collectors employed by these agencies, are governed and regulated by the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal statute enforced by the Federal Trade Commission (FTCand private attorneys and litigants to ensure fair debt collection.

Debt collectors are the third-party debt collection agents who have bought delinquent debts from creditors at a throw-away price, or have been hired by creditors to collect debts on their behalf, and attempt to collect the debt amount or more than the debt amount. These debt collectors frequently do not adhere to the FDCPA while attempting to collect money. Often they simply ignore the FDCPA guidelines and insist on illegal and unethical practices. One such aggressive approach by debt collectors is trespassing on a debtor’s private property and entering the debtor’s home to collect a debt. Though a debt collector can visit your home or office to attempt debt collection, there should be prior consent from the consumer before he does so.

How to Protect Yourself From FDCPA

Communications in connection with debt collection, per 15 USC 1692c of the FDCPA, has a clear explanation about this aspect. It states “Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock anti-meridian and before 9 o’clock post-meridian, local time at the consumer’s location[.]”

The FDCPA also states that if a consumer is represented by an attorney and has informed a debt collector of this fact, the debt collector cannot communicate with that consumer anymore. Moreover, if the debt collector knows that the consumer’s employer disapproves of the collector’s visits to the consumer’s work place, the collector must stop all such visits or phone calls on office numbers.

With the debt collection laws in place, consumers have a shield to protect them from debt collection harassment. If a debt collector visits you at your home or office against your wishes you can quote from the debt collection laws. Such knowledge should arrest these mean collectors in their tracks – consumers who know their rights are often left alone.

Contact an FDCPA attorney well-versed in the debt collection laws if you are being harassed by debt collectors. An FDCPA attorney can represent you and help you to take legal action to enforce your rights and even obtain compensation. You may contact Krohn & Moss Ltd. CONSUMER LAW CENTER®’s qualified FDCPA attorneys. These attorneys have helped stop thousands of debt collection violations.

Tags : Debt Collection Harassment, Debt Collectors, Debt Regulation, Fair Debt Collection Practices Act, Fdcpa

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