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Posts tagged "Creditors' Rights"

What constitutes harassment or abuse in debt collection?

A common fear among Texas residents who are in the midst of financial difficulty is how to deal with pressure from their creditors. Creditors have rights to pursue payment, but that does not mean they can break the law in the process. Under the Fair Debt Collection Practices Act, the creditors are strictly limited in what they can and cannot do. If their activities cross the line into harassment or abuse, then the debtor has certain protections under the law.

What is validation of debts under the Fair Debt Collection Act?

Debtors in Texas and across the U.S. need to be fully aware of the rights and protections they are accorded under the law when it comes to creditors seeking payment. With the Fair Debt Collection Practices Act, consumers are given various rights that they might not know about. This is a natural reaction to being heavily in debt and worried about a variety of other issues, but it does not diminish the need to have a grasp of these rights. One factor that must be remembered is the validation of debts and what it entails.

Debtor protections from false and misleading collection practices

Although debtors are accorded various protections against false or misleading representations as to what creditors are allowed to do to collect on a debt, that does not mean that debt collectors will adhere to the law in the spirit with which it was intended. The Fair Debt Collection Practices Act is designed to stop creditors from indulging in abusive and dishonest behaviors, but they still might try to circumnavigate that law to confuse and scare the debtor into paying when they really do not have to as they move on with a bankruptcy proceeding.

What debtor protections are there to prevent unfair practices?

When a Texan owes money to creditors, the worry can be overwhelming. Part of that might be a trace of guilt for accruing debt and not having the wherewithal to pay it. In some instances, that guilt might lead to the person taking abusive behavior from creditors because he or she feels it is warranted. But, the Fair Debt Collection Practices Act protects consumers from abusive creditor behavior. Understanding unfair debt collection practices is important to protecting oneself from these tactics that a creditor might use.

How FDCPA protects consumers from harassment for collection

People in the Tyler area who are overwhelmed by consumer debt might be fearful that the creditors are going to harass them non-stop until the debts are paid. Understanding how the Fair Debt Collection Practices Act (FDCPA) protects a person from unwanted communication with creditors can help with stopping the contact.

What does FDCPA say about communication regarding collection?

People in Tyler who find themselves in debt will have a lot to be concerned about. This problem could have arisen due to a loss of employment, unexpected bills and numerous other factors. With the amount of stress that accrues due to consumer debt, it can be exacerbated if the creditors and debt collectors begin an avid pursuit of payment and use a variety of unethical and even illegal tactics to harass the debtor. The Fair Debt Collection Practices Act is supposed to prevent this from happening, but it often still occurs. One aspect the FDCPA covers is communication in connection with debt collection.

Recognizing creditor harassment in debt collector tactics

Simply because a person in Tyler is having financial issues and might be behind in payments does not mean that creditors are allowed to use underhanded and abusive tactics in the pursuit of collection on debts. The debtor must understand that the person is protected by certain rights to avoid such harassment. Under the Fair Debt Collection Practice's Act, it is not within the creditor's rights to conduct certain behaviors when trying to recover payment.

Legal help with foreclosed homes in Texas

Texans who are facing significant consumer debt often find themselves confronted with the reality of foreclosed homes. This can be a difficult time for those whose debts have grown so large that they are not able to meet their payment obligations. There can be many reasons for this -- a failed business, medical expenses, unexpected job loss and more. Regardless of how it happened, it is important that those who are dealing with this understand their rights can be protected under the law.

What are collection agencies prohibited from doing under FDCA?

For people in Tyler, overwhelming debt and the fear of financial ruin is just a small part of the stress that accompanies debt problems. In addition to wondering what will happen, the constant harassment from creditors with phone calls, emails and letters regarding the overdue payments can be even more worrying. In recent years, steps have been taken to better protect consumers from these practices used by collection agencies. One way is through the Fair Debt Collection Act.

Can creditors avail court-based remedies for debt collection?

Many Texas residents may be aware that federal and state laws govern the practices that creditors and debt collectors can engage in if they want to recover from debt. One of those laws, the Fair Debt Collection Practices Act (FDCPA), which protects debtors, was discussed in an earlier blog post. However, in addition to protecting debtors, there are laws in the United States that allow creditors to seek what is rightfully theirs. Therefore, they are allowed to take certain actions to recover outstanding debt.

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