The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 by Congress to protect consumers from unfair tactics employed by debt collectors. This law is applied in the entire country and allows debtors to claim for damages in cases where 3rd party collecting agencies are found to be in violation of the FDCPA.
This statute therefore, makes illegal any action by debt collectors that will be rendered misleading, deceptive, untrue, abusive, harassing and intrusive, among others.
Like most states, Delaware complies with this law but has not enacted its own state legislation that will govern the practices of debt collectors. As such, Delaware residents need to rely on the federal FDCPA to bring collectors in their proper places if they cross the line. However, claims can be filed before courts in Delaware.
Under the FDCPA and as implemented in Delaware, the types of debt covered by the FDCPA are just consumer debts. This debt is personal in nature and refers to transactions involving a merchant and an individual. Some examples of consumer debts are as follows:
- Credit card debts
- Student loans
- Cell phone bills
- Auto loans
- Personal loans
- Medical debts
- Utility bills, etc.
The period of time by which a legal case can be filed against you for failure to pay your debts has an expiration date referred to as the statute of limitation. In Delaware, the statute of limitation is 3 years. This includes debts made with written or oral contracts, promissory notes and credit card debts.
After three years that a creditor has not filed a case against you, it can no longer do so legally.
How Delaware FDCPA Attorneys Can Help You
It is not an easy task to prove that debt collectors have violated the FDCPA. These are individuals who have become experts in their job of collecting that they have means by which to circumvent the law and evade legal suits. It is interesting to note however, that Delaware is a one party consent state.
This means that a call can be recorded even with only just one of the party to the call consenting to it.
This means that in times when a debt collector calls you, you can record the conversation even without his consent and use it as evidence against him in case he utters statements that violate the FDCPA. However, there are other existing Delaware laws that are in conflict with this one party consent rule.
The best way to avoid legal repercussions is to seek the help of a Delaware FDCPA attorney to make sure you are not breaking any laws in collecting evidence against a debt collector.
Your FDCPA attorney in Delaware can also serve as your middleman when dealing with these collectors to rid you of the stress they can cause. As long as you inform the collecting agency that your Delaware FDCPA attorney is the one they should contact about your debt, they are obliged to abide.
Get a Free Evaluation Today
If you feel unsure about your understanding of the FDCPA law and feel that your rights have been violated, you can avail of a Free Evaluation that will assess your situation. A Delaware FDCPA attorney can be connected to you at your behest to help you with your claim against 3rd party collecting agencies.