Michigan fdcpa lawyers
Let our Michigan consumer lawyers help you learn more about the Fair Debt Collection Practices Act (FDCPA). Learn what a collection agency or debt collector cannot do under the consumer protection laws, including the Fair Debt Collection Practices Act (FDCPA).
Many debt collectors and collection agencies stop at nothing to collect money from you, including violating the Fair Debt Collection Practices Act. Unscrupulous debt collectors will bombard you with telephone calls, threaten you, and even call your employer or family members. We have FDCPA lawyers in Michigan who can help you put an end to all of that now and help you understand your rights under consumer protection laws.
Many debt collectors and collection agencies stop at nothing to collect money from you, including violating the Fair Debt Collection Practices Act. Unscrupulous debt collectors will bombard you with telephone calls, threaten you, and even call your employer or family members. We have FDCPA lawyers in Michigan who can help you put an end to all of that now and help you understand your rights under consumer protection laws.
Collection Agency Harassment; Debt Collector Harassment
Knowledge is power. Debt collectors count on you to be unaware of your rights or consumer protection laws. They prey on your fear and vulnerability. Our FDCPA attorneys will help you understand the actions that debt collectors cannot take or threaten you with under consumer protection laws. You could be entitled to compensation that can help you eliminate debt or settle credit card debt or other debt.
Debt collectors and collection agencies can use a variety of tactics to collect debt. Some debt collectors threaten lawsuits, other debt collectors threaten wage garnishments, and the most unsavory debt collectors threaten jail or criminal action (usually couched in terms of a threat for legal action). Many individuals have asked us whether a debt collector can subpoena them. Unless there is a lawsuit or the debt collector is a lawyer, the answer is no. Debt collectors and collection agencies prey on fear. Debt collectors use terms like legal action, subpoena and investigations to suggest criminal liability for the failure to pay debt.
Debt collectors and collection agencies can use a variety of tactics to collect debt. Some debt collectors threaten lawsuits, other debt collectors threaten wage garnishments, and the most unsavory debt collectors threaten jail or criminal action (usually couched in terms of a threat for legal action). Many individuals have asked us whether a debt collector can subpoena them. Unless there is a lawsuit or the debt collector is a lawyer, the answer is no. Debt collectors and collection agencies prey on fear. Debt collectors use terms like legal action, subpoena and investigations to suggest criminal liability for the failure to pay debt.
What can a debt collector do?
What debt collectors and debt collection agencies can or cannot do depends whether the underlying debt is a current debt or debt that is beyond the statute of limitations.
Debt collectors often try to collect old debt that is time barred under the law of your state. This time barred debt, or debt that is beyond the statute of limitations is also known as "zombie debt" or "expired debt." Zombie debt is purchased for pennies on the dollar in the hope of making a profit by the collection agency or debt buyer. You are not obligated to pay time barred debt, and most individuals ignore attempts to collect time barred debt. However, you need to be aware of potential pitfalls if you receive a collection call or collection letter attempting to collect expired debt. For instance, acknowledging the debt is yours can reset the clock on expired debt.
Consumers often ask, can a debt collector sue me? For unsecured debts like credit cards, debt collectors can sue you if they are lawyers or refer the matter to a law firm. However, if the debt is expired or time barred, the lawsuit will fail if the consumer shows this in court. Additionally, many courts hold that it is against the law to sue a consumer on a time barred debt so you may have a claim for a violation of the Fair Debt Collection Practices Act.
Debt collectors often try to collect old debt that is time barred under the law of your state. This time barred debt, or debt that is beyond the statute of limitations is also known as "zombie debt" or "expired debt." Zombie debt is purchased for pennies on the dollar in the hope of making a profit by the collection agency or debt buyer. You are not obligated to pay time barred debt, and most individuals ignore attempts to collect time barred debt. However, you need to be aware of potential pitfalls if you receive a collection call or collection letter attempting to collect expired debt. For instance, acknowledging the debt is yours can reset the clock on expired debt.
Consumers often ask, can a debt collector sue me? For unsecured debts like credit cards, debt collectors can sue you if they are lawyers or refer the matter to a law firm. However, if the debt is expired or time barred, the lawsuit will fail if the consumer shows this in court. Additionally, many courts hold that it is against the law to sue a consumer on a time barred debt so you may have a claim for a violation of the Fair Debt Collection Practices Act.
Debt collectors cannot threaten or harass you.
The Federal Trade Commission (FTC), is a federal government agency that acts as the nation’s consumer protection agency. The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
The FTC website www.consumer.ftc.gov is an excellent resource for consumers to educate themselves and to learn about their rights under the Fair Debt Collection Practices Act and other federal consumer protections laws.
Debt collection harassment is unlawful and could entitle you to damages under the FDCPA. Debt collectors are not allowed to harass, oppress, or abuse you or any third parties they contact such as family members or employers.
Collection Harassment.
Debt collectors cannot harass you. Collector harassment includes:
If a debt collector has done any of the above or threatened you, you should speak to an FDCPA attorney.
False Statements by Debt Collectors.
Debt collectors are not allowed to lie when they are attempting to collect a debt. Debt collectors are not allowed to falsely claim they are attorneys or government representatives. They cannot falsely claim you have committed a crime by refusing to pay a debt. Debt collectors and other collection agents cannot falsely represent they operate or work for a credit reporting company, or misrepresent the amount you owe by claiming you owe more than the true amount of the debt.
Debt collectors cannot lie to you about papers and documents they send you. For example, debt collectors cannot indicate that papers they send you are legal forms such as subpoenas if they are not in fact legal forms. By the same token, debt collectors cannot indicate that papers they send to you are not legal forms if they are in fact legal forms.
Collection Threats.
Debt collectors cannot threaten you with arrest or imprisonment. Collectors cannot threaten to seize property, garnish wages, attach or sell your property unless they are permitted by law to take such action and intend to do so. Likewise, collectors that threaten legal action against you, may be in violation of the FDCPA if a collection lawsuit would be illegal or if the collector doesn't intend to take the action.
Debt Collector Misrepresentations.
Debt collectors may not give false credit information about you to anyone, including a credit reporting company or your employer or relatives. Debt collectors cannot send you anything that looks like an official document from a court or government agency if it isn’t.
Unfair Practices by Debt Collectors.
Debt collectors may not engage in unfair practices when they try to collect a debt.
For example, they are not allowed to:
The FTC website www.consumer.ftc.gov is an excellent resource for consumers to educate themselves and to learn about their rights under the Fair Debt Collection Practices Act and other federal consumer protections laws.
Debt collection harassment is unlawful and could entitle you to damages under the FDCPA. Debt collectors are not allowed to harass, oppress, or abuse you or any third parties they contact such as family members or employers.
Collection Harassment.
Debt collectors cannot harass you. Collector harassment includes:
- swear at you or use obscene language;
- threaten harm or violence;
- cannot publish your name as someone who refuses to pay a debt (but they can report this information to the credit bureaus)
- use obscene or profane language; or
- call you excessively or use the phone to annoy you.
If a debt collector has done any of the above or threatened you, you should speak to an FDCPA attorney.
False Statements by Debt Collectors.
Debt collectors are not allowed to lie when they are attempting to collect a debt. Debt collectors are not allowed to falsely claim they are attorneys or government representatives. They cannot falsely claim you have committed a crime by refusing to pay a debt. Debt collectors and other collection agents cannot falsely represent they operate or work for a credit reporting company, or misrepresent the amount you owe by claiming you owe more than the true amount of the debt.
Debt collectors cannot lie to you about papers and documents they send you. For example, debt collectors cannot indicate that papers they send you are legal forms such as subpoenas if they are not in fact legal forms. By the same token, debt collectors cannot indicate that papers they send to you are not legal forms if they are in fact legal forms.
Collection Threats.
Debt collectors cannot threaten you with arrest or imprisonment. Collectors cannot threaten to seize property, garnish wages, attach or sell your property unless they are permitted by law to take such action and intend to do so. Likewise, collectors that threaten legal action against you, may be in violation of the FDCPA if a collection lawsuit would be illegal or if the collector doesn't intend to take the action.
Debt Collector Misrepresentations.
Debt collectors may not give false credit information about you to anyone, including a credit reporting company or your employer or relatives. Debt collectors cannot send you anything that looks like an official document from a court or government agency if it isn’t.
Unfair Practices by Debt Collectors.
Debt collectors may not engage in unfair practices when they try to collect a debt.
For example, they are not allowed to:
- collect unwarranted or unlawful fees or charges
- deposit a post-dated check early
- take or threaten to take your property unless it can be done legally; or
- contact you by postcard.