Bankruptcy Attorneys
Fair Debt Collection Practices
Under the Federal Fair Debt Collection Practices Act and Florida’s “Consumer Collection Practices” act creditors are prohibited from certain actions while attempting to collect a debt. The federal act requires you bring suit within one year from any intentional act, while Florida allows up to two years. If you can prove that your creditors intentionally and without “bona fide error” violated the act you may be able to recover damages. Below are some of the practices debt collectors are prohibited from doing:
- Simulate in any manner a law enforcement officer or governmental agency;
- Use or threaten force or violence;
- Disclose the debt to any other persons or even convey to the debtor that this information will be conveyed to anyone else;
- Use of profane, obscene, vulgar or abusive language;
- Create a guise of being an attorney or working for an attorney;
- Publish or threaten to publish information about the debt;
- Communicate with you between the hours of 9PM and 8AM;
- Communicate with you if the debt collector knows you are represented by an attorney(with a few exceptions here);
- Threatening you with arrest or imprisonment for failing to pay a debt.
If you or someone you know has been a victim of any of the above or any other acts that seem designed to harass, oppress or abuse, call or contact our bankruptcy lawyers today. The lawyers at Rosen & Rosen are here to serve you!
We are a debt relief agency. In addition to other legal services, we help clients file for bankruptcy relief under the Bankruptcy Code.
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