Unfair Collection Practices in Debt Collection
A creditor will, naturally, be asking a debtor to pay off what the latter owed. Following the usual debt collection practices, they may call you or send you a letter demanding repayment, especially if payments are past due dates. It is important, however, to make sure that as they ask you to pay back, they do not violate any relevant statute on collecting debts. If you believe that your consumer rights have been violated, it is crucial to get in touch with experienced Portland debt defense attorneys. They can provide legal representation, particularly if there is a need to sue and bring to court a specific lender or an unfair debt collection agency.
This article will give an overview of prohibited practices associated with collecting the debt. It will cover:
- The basics of unlawful debt collection
- Unfair collection practices
- Dealing with unfair debt collectors
The Basics of Unlawful Debt Collection
One of the basic principles of fair debt collection laws is that an individual who doesn’t owe any debt should not have to go through the trouble of dealing with any collection letter or phone call. However, an actual debtor should likewise be spared from letters or phone calls, or other debt collection practices that go beyond what is allowed by federal law and state law.
Debt settlement is not easy, and even more so if debt collectors are calling you non-stop, asking you to repay what you owe. As the term suggests, unfair collection practices are unfair, harassing, deceptive, or unlawful practices that some debt collection agencies engage in to ask for payment for borrowed money that is yet to be repaid. In certain cases, suing the party at fault is the best option. Debt collection is regulated by statutes in other areas of law, and so these unfair practices often also involve identity theft or false credit reporting.
Unfair Collection Practices
Debt collectors are not allowed to use unconscionable or unfair means of collecting or attempting to collect debts, such as the following:
– Collecting an amount (in the form of fees, charges, interest, or expenses incidental to the principal obligation), unless such is permitted by law and is expressly authorized by the debt agreement
– Accepting from any individual a check or other payment instrument that is postdated by more than five days, unless there is a written notice indicating an intent to deposit such instrument not less than three business days or more than ten days before the deposit
– Depositing or threatening to deposit a postdated payment instrument (such as a check) before the date on the said instrument
– Soliciting a postdated payment instrument (such as a check) for purposes of threatening or instituting criminal prosecution
– Using any language or symbol other than the address of the debt collector, on any envelope used to communicate with the consumer
– Causing communication-related charges to an individual by concealing the true purpose of the communication, such as in telephone calls
– Communicating with a consumer regarding a debt through a postcard
– Taking or threatening to take any nonjudicial action to effect disablement or dispossession of property if there is no present right to possession of the property claimed as collateral (through an enforceable security interest), if there is no present intention to take possession of the property, or if the property is exempt by law from such disablement of dispossession
Dealing with Unfair Debt Collectors
You do not have to deal with unfair collectors or debt collection agencies alone. If you have experienced or are experiencing the unlawful debt collection practices mentioned above, do not hesitate to seek legal help. Know your rights and find someone who can help make sure that they are protected.
If you find yourself in any of these situations, start taking legal action by getting in touch with a competent Portland debt defense attorney. They can provide legal advice and guide you on the necessary steps that must be taken. An expert on debt collection law and the Fair Debt Collection Practices Act (FDCPA) can make sure that your legal rights are protected.
Contact our experienced Portland debt defense attorneys at Northwest Debt Defense Law Firm who can help you with your case.
Northwest Debt Defense Law Firm
650 NE Holladay St, Suite 1640
Portland, OR 97232, United States
NW Debt Defense Law Firm is a Debt Relief Agency. Where appropriate we file petitions for relief under the Bankruptcy Code solely for consumers in the District of Oregon. We represent both Oregon and Washington consumers in collections law suits in Oregon and Washington state courts.