Reno Fair Debt Collection
As Reno bankruptcy attorneys, the lawyers at Darby Law Practice, Ltd. regularly deal with people struggling with debt. We know the stress and worry that unpaid bills can bring, and we recognize that a lot of that stress and worry is brought on by overzealous and unscrupulous bill collectors who stop at nothing in getting that bill paid. Fortunately, the law provides protection for the consumer, and our practice is designed to get the bill collectors off your back and stand up against unfair and unlawful debt collection practices.
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to professional bill collectors hired by creditors or business that buy up debt that originated with a third party. The FDCPA is a consumer protection law, and it places many restrictions on the behavior and practices of bill collectors in their attempts to collect on a debt.
Bill collectors may not call you at inconvenient times, including before 8:00 in the morning or after 9:00 at night. They may also not contact you at work if you notify them that you are not allowed to receive calls there. Also, if you have told them you are represented by an attorney, then they should contact your attorney instead of you. And if you tell them to stop calling you, they must stop, except for limited purposes such as to inform of a legal collection action they will be taking.
When contacting you, bill collectors are limited in what they can say. They are not allowed to call you without identifying themselves, or to call you just harass or annoy you. They may not use profanities or obscenities, or threaten violence. They cannot lie or make false or misleading representations. This includes threatening legal action that they cannot take or do not intend to take, or telling you that you will be arrested if you do not pay.
Bill collectors have a limited right to contact your family, neighbors or co-workers to help them locate you, but they are very limited in what they can say and how much contact they can have. They also may not publish your name on a list of people who owe them money.
Debt collectors who violate the FDCPA can be sued in court, and you can recover for the actual damages you have suffered, such as medical expenses or lost wages, as well as attorney’s fees and court costs. Even without proving actual damages, you may be entitled to a statutory damages award up to $1,000. The Reno bankruptcy attorneys at Darby Law Practice, Ltd. offer comprehensive assistance to consumers, from personal bankruptcy in Reno to rebuilding credit after bankruptcy, and putting a stop to unfair debt collection practices. We also offer small business bankruptcy help to small businesses in Reno struggling with debt obligations.
Fair Debt Collection in Reno
Bill collectors have one, and only one job – to get you to them pay them and pay them today. They will use any tactic to achieve this goal. Sometimes they will act like your friend, or promise to help you get a reduced payment, if only you’ll send them some money today. More often than not, they will resort to threats and intimidation. Creditor harassment causes real stress and anxiety and can lead to physical sickness. Don’t spend another sleepless night or another day afraid to answer the phone. For fair debt collection in Reno, and a stop to unfair debt collection practices, contact Darby Law Practice, Ltd.