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Fair Debt Collection Practices Act

What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act was passed to prevent abusive practices of collecting debt from individuals. Its main objective was to promote a fair way of debt collection. There are a lot of aspects that the Fair Debt Collection Practices Act covers. Given below are some of the questions about the various aspects of the Fair Debt Collection Practices Act.

How can an Individual Stop Harassment Calls for Debt Collectors?

As per the Fair Debt Collection Practices Act, an individual may notify the company that is making the calls in writing to stop contacting him/her. If the company continues to call the individual, he/she may sue the company in a small claims court for $1000 for every time they call after receiving the letter.

Can A Company Garnish the Wages of an Individual if he/she owes them Money?

According to the Fair Debt Collection Practices Act, if a company wants to garnish an individual’s wages they may first have to file a lawsuit against the individual. They may have to prove the debt and the right to pursue in court. If the company wins the lawsuit, they may request permission from the court to garnish the individual’s wages.

What is the Statute of Limitations on Credit Card Debts?

The laws regarding credit cards debts may be different for different states in the US. For states like Minnesota, according to the Fair Debt Collection Practices Act, the statute of limitations on credit card debts is six years. If the debt has been for more than six years, then it cannot be collected.

Will a Credit Card Debt stay on an Individual’s Credit Report?

As per the Fair Debt Collection Practices Act, a credit card debt may remain on an individual’s credit report for a period of seven years.

Can A Company hire Debt Collectors to Collect Debt from an Individual who Files Bankruptcy?

If the individual’s debt was discharged in the bankruptcy, then the company may not be able to hire debt collectors to collect the debt from the individual as per the Fair Debt Collection Practices Act. The individual may ask the company to stop contacting him/her for the money. The individual may also send a copy of the bankruptcy discharge order to the company.

What can an Individual do to stop the Creditors of a Collection Company from contacting him/her for Debt that he/she has already paid through Wage Garnishment?

Under the Fair Debt Collection Practices Act, the individual may send the creditors a letter disputing the debt and mentioning that the debt was paid in full. The individual may also send the company the docket number of the case, the name of the previous collector and the total amount that was garnished.

Would an Individual be Responsible for a Debt that was Incurred when he/she was a Minor?

As per the Fair Debt Collection Practices Act, an individual may not be responsible for any debt that was incurred when he/she was a minor. The individual may volunteer to repay the debt if he/she wants to. However, the individual cannot be sued for not repaying the debt. The individual may inform the creditor that he/she is not responsible for the debt and ask the creditor to stop contacting him/her about the debt.

The Fair Debt Collection Practices Act covers a lot of aspects. Understanding the provisions of this act can help individuals deal with creditors harassing them for repaying debts. It will also help them understand their rights against unfair creditors.
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