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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33166
Experience:  17 years legal experience including consumer protection law.
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I own a small flower shop in South Dakota. A few years ago

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I own a small flower shop in South Dakota. A few years ago I signed up for FTD's point of sale system. With the down turn of the economy I could no longer afford this expensive service. I tried to cancel but FTD would not let me out of the contract. I have been scraping by and making all of my other bills but could not afford to pay FTD yet. They have turned me over to collections. The collection agent has harassed me by interrogating my employees, calling my clients and lying to me. I feel I may be forced to file for bankruptcy but I'm not sure. Is it appropriate in this case? Can I file for bankruptcy for only one debt?

I'm hoping I can be steered in the right direction as I have no idea where to start. Thank you so much.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

If you could get the collection agency to stop harassing you, would you choose to avoid bankruptcy?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

Yes, I would rather not file for bankruptcy but my financial situation is very precarious right now. I have had some unexpected changes which has caused some issues. From the method of collection that they have practiced it seems that there will be no further patience tolerated.

I see. Thank you for clarifying the situation for me, Danielle.

Pursuant to the Fair Debt Collection Practices Act (FDCPA), you would typically be entitled to stop the collection agency from contacting you as well as contacting others with regard to this debt if you provide them with a notice in writing. I would send the notice by certified mail so you have proof that they received the notice.

If they continue to engage in such behavior, you can file reports against them with the local BBB and the FTC, or retain a local attorney to communicate a demand to them or a lawsuit will be filed. If they realize you are serious about pursuing legal action, that may motivate them to comply with the law.

Here is a link which summarizes your rights under the FDCPA:

http://www.consumer.ftc.gov/articles/0149-debt-collection

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina and other Consumer Protection Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 3 years ago.

Hi Tina,


 


Does the FDCPA protect businesses as well? I was under the impression they do not.


 


Thank you so much,


 


Danielle Dekker

Hello again, Danielle.

I answered this question in the new question thread you posted. Here is the link to that thread:

http://www.justanswer.com/consumer-protection-law/7vbrn-hello-tina-i-question-you-does-fdcpa.html

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