No one likes borrowing money, let alone finding they are not able to repay the debt when the time comes to do so. After a period of time the creditor might lose hope of the debt ever being repaid and hires a debt collection agency like Medicredit to collect the debt on its behalf.
All of a sudden you start to receive phone calls day and night asking you to come up with the money. The debt collector may send people around to your home in antisocial hours to intimidate you into repaying what you owe.
Fortunately, the U.S. federal government doesn’t support the activities of 3rd party debt collectors who cause undue stress on debtors. It has a law that prohibits debt collectors from calling before 8 in the morning and after 9 at night which are considered to be antisocial hours.
What is the FDCPA?
The Federal Debt Collection Practices Act (FDCPA) is the law responsible for enforcing regulations that will not allow third party debt collectors like Medicredit from harassing debtors to force them to repay their debt.
It also prevents debt collectors from using undue force or throwing abusive language at the debtor. If the debt collector behaves in an unlawful way the debtor may have the opportunity to sue the debt collector. This action has to take place within 12 months of the debt collector’s violation of the FDCPA.
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What is and What is Not Acceptable Behavior From Medicredit
Medicredit is not actually the creditor, but works on its behalf to recoup the debtor’s debt. This is not illegal but the debt collector cannot pursue the debtor in unsocial hours unless a prior arrangement has been made.
These are before 8 am and after 9 pm. However, it can send a debt collector to discuss debt repayments if it is not in unsocial hours or a time has been agreed to discuss the matter.
What to Do if Harassed by Medicredit
If you think a debt collector from Medicredit has been putting on too much pressure on you to repay a debt with many visits to your home taking place in unsocial hours as well as your phone constantly ringing, first action you should take is to ask him/her to stop harassing you.
If you do not get any response and the debt collector resorts to using abusive language is used you may be able to take legal action against the person.
You can request damages are paid as compensation for the debt collector’s illegal behavior and your legal fees will be the responsibility of the defendant. The damages claim has to be filed within a year of the debt collector’s violation and no later.
How an Attorney can Help
You can file the damages claim on your own but a favorable settlement is far likely to be reached if you ask an attorney to work on your behalf. The attorney will only pursue a claim that is possible to win so s/he will ensure all the proof is available to prove the debt collector has breached the regulations laid down by the FDCPA.
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