In a recent study conducted by the Consumer Financial Protection Bureau (CFPB), CNBC reported that of the total number of Americans contacted by debt collectors about their supposedly unpaid debts, half were provided with inaccurate information about what was owed.
Some of the parties called are not even aware of the existence of such debt, while others have already paid for it. Still others are given the wrong amount, while others are being asked to pay debts that their relatives own.
The Fair Debt Collection Practices Act (FDCPA) of 1977 does not allow these things to happen as it requires debt collectors, among others, to furnish debtors with information about the debt.
In fact, collecting agencies are compelled by the FDCPA to inform the debtor within 5 days from the time the first contact was made to provide information such as the amount of debt, the creditor’s name, and that the debtor is legally able to dispute the debt. This is referred to as a “mini-Miranda,” in reference to the required Miranda Rights among police officers.
FDCPA in Montana
Montana enforces the federal FDCPA to its fullest extent. This means that Montana consumers who suffer from inappropriate acts of debt collectors may find relief under the 1977 Act. Therefore,0 if collecting agencies will conduct practices that include the following, you can file a claim for remedies:
- Put you in an embarrassing situation when collecting debt;
- Employing intrusive tactics;
- Threatening you with lawsuit;
- Using vulgar language;
- Employing harassment, and more.
Basically, with the prohibitions imposed by the FDCPA on debt collectors, they have no other recourse but to act professionally and with respect when collecting debts from consumers. Therefore, if you have a bad experience with collectors due to their inappropriate behavior, you will likely be able to have a strong civil case against them.
A Montana FDCPA attorney is the best person to help you go through such a legal procedure.
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Statutes of Limitations on Debts in Montana
A debtor need to be familiar with the statutes of limitations imposed on defaulting debts. This places a limit on the period of time by which a creditor can file a case on the debt. This statute of limitation varies from state to state and may be changed by legislation or jurisprudence anytime.
As of this writing, the statute of limitation in Montana for orally contracted debts is 5 years while promissory notes, debts based on written contracts and open-ended debts, such as credit cards, have an 8-year statute of limitation. You should however be careful about starting over this limitation.
Any payment made or even just a written acknowledgement made by the debtor will restart the limitation from the beginning. So as not to be fooled by deceptive and misleading collecting agencies, it is best to get the advice of a Montana FDCPA attorney.
Consult with a Montana FDCPA Attorney
For all you know, you may be owed by a predatory collector $1,000 or more instead of the other way around. This is possible if you believe that a collecting agency is violating the FDCPA when trying to collect from you. A Montana FDCPA attorney will be able to help you assess your situation and advice you if a claim against the collector is likely to succeed.
If so, then you are likely to collect that $1,000 from the debt collector along with other remedies including the following:
- Actual monetary damages;
- Lost wage recovery;
- Damages for emotional or physical distress;
- Legal costs and attorneys’ fees.
Residents of small cities of Plentywood and Glasgow, or those living in populated Billings, are all covered and protected by the FDCPA. A Montana FDCPA attorney is available to help you get remedies.
Get Free Evaluation
Get a Free Evaluation now and become familiar with relevant FDCPA provisions. This way, you will know your rights and determine if you can initiate a claim for damages against an unscrupulous collector. An FDCPA attorney in Montana will be connected to you upon your request.