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Can a Debt Collector Retain Your Bank Account?

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The FDCPA is available to help customers that feel that they are being harassed and abused by unlawful debt collectors. The FDCPA stands for the Fair Debt Collection Practices Act and is regulated and enforced by the Federal Trade Commission. Under FDCPA, collectors have a host of activities that they must avoid and a list of things that they must abide by. It generally applies to companies that purchase debt and not companies that originally issue debts. If you feel that your rights are being violated, you should contact the FTC or a debt collection attorney to look into any possible violations.

A debt collector cannot garnish your wages or have access to remove funds from your bank accounts of their own will. They may get this permission in three ways; if they sue you in a court of law and win, if a judge issues a judgment against you in regard to a claim from the collector, or if you reach a settlement with the collector, and one of these is agreed upon. Whether your wages are garnished or funds are removed from your account may depend on the state that you live in and the type of debt that you have. Also, make sure that the amount taken only covers the actual debt and not other things, such as the legal and attorney fees of the debt collector. A collection attorney can help you to decide which payment option is best.

To find a FDCPA attorney, simply as contact your state bar association or do a search online. You may know someone who can refer you to an attorney, as well. Try to get a phone consultation with any attorney as well as an in-person meeting to bring up all of your questions and concerns. Also, show the attorney any evidence that you have against the collection agency. This may include thing like mail correspondence, calls that you have recorded, etc. The attorney will tell you whether or not they believe that they can represent you. If they can they will indicate how they would like to proceed. Because of the differing nature of these attorneys, contacting a few is recommended.

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