No one ever looks forward to being contacted by a debt collector. Still, they do serve a purpose and have a job to do. If you have bills that are delinquent, then you can expect to hear from one. Still, there are restrictions on what they can do. The Fair Debt Collections Practices Act (FDCPA) is a law that was created to protect you from the unfair, dishonest, and abusive tactics that some debt collectors use. This law not only describes what a collector can and cannot do, but also provides you with a remedy if your rights as a consumer are violated. Here’s more on the FDCPA and some insight into some of its protections.
15 USC 1692h – Multiple Debts
A debt collector may be hired to collect on several debts that you owe to different creditors. When this happens, you may want to pay some of the debts and dispute the others. The FDCPA gives you the right to direct which debts your money will be applied to. What this means is that if you have multiple debts and would like to pay some but not others, the debt collector must follow your instructions on which debts you would like to pay. If the collector ignores your instruction and applies your payment to debts that you are disputing, then they may have broken the law and violated your rights as a consumer.
15 USC 1692i(a)2 – Venue
If you owe money, then a debt collector may be able to sue you in court for the unpaid balance. But that lawsuit cannot be brought wherever they want. Debt collectors will often try to sue you in an area that is favorable to them. Fortunately, the law says that if you are sued by a debt collector, then that lawsuit must be brought in the jurisdiction (area) where the debt originated, or where you live. What this means is that if you are being sued for unpaid medical bills, then you can only be sued in a court located where you received the medical treatment, or where you were living when the lawsuit was filed. A lawsuit filed against you by a collector in some other area may violate the law and could cause their case against you to be dismissed.
15 USC 1692j – Deceptive Forms
When you are contacted by a debt collector, they may send you documents explaining your debt. These forms will usually say who the original creditor is and the amount that you owe. But these forms must be accurate and cannot deceive you concerning who the debt is owed to. If the forms are misleading or misrepresent who the debt is actually owed to, then that may be a violation of the law. It is important to note that the debt collector must know that the forms are deceptive in order to be liable under the FDCPA.
New York Consumer Rights Lawyers Can Help
To learn more about your legal rights and options as it relates to repaying creditors, you should get in touch with a consumer protection attorney. Not all lawsuits that debt collectors file are valid, and not all contacts from a debt collector lawfully state your obligations. If the debt collectors are pursuing you, then you should talk with an experienced consumer rights lawyer to determine your options. The Law Office of Simon Goldenberg has comprehensive experience in protecting consumers from aggressive debt collectors. We are on your side. To consult with The Law Office of Simon Goldenberg, call (888) 301-0584 or contact us online.