There is no love lost between debtors and collecting agencies. If they can, debtors would rather hide from them especially in situations where the capacity to pay has been depleted.
One big reason for such an attitude against debt collectors is the harassing, threatening and embarrassing manner by which they try to collect debts. Unknown to many however, such acts are not allowed by law and the Fair Debt Collection Practices Act (FDCPA) makes sure abusive collectors will answer for their conduct.
Florida’s Consumer Collection Laws
The FDCPA is a national law applied in the entire United States. It mainly goes after debt collectors and third party debt buyers whose collection practices are inappropriate and unfair to the consumer. The original creditor is not covered by the federal FDCPA.
If you are a resident of Florida however, you are protected against both the debt collector and the creditor who violates the law. This is through Florida’s Consumer Collection Practices Act (FCCPA).
The FCCPA does not permit the use of misleading, deceptive and abusive tactics employed by both creditors and debt collectors. The FCCPA therefore, supplements the FDCPA effectively in the state of Florida. To further protect consumers, statutes of limitations are likewise imposed on debts.
This means that the period of time that a creditor can sue you for your debt has expiration.
In Florida, promissory notes and debts acquired based on a written contract has a five year statute of limitation while it is four years for orally contracted debts and credit card debts. If a creditor or a collecting agency files a case against you for your debt despite it passing the statute of limitation, you should seek help from a Florida FDCPA attorney to help you turn the tables against them.
FDCPA Attorneys in Florida
FDCPA attorneys in Florida are equipped to provide you with the legal help you need in case you believe that your rights have been violated under the FDCPA and the FCCPA.
For instance, if your debt has been assigned by the original creditor to a collecting agency, the latter cannot file a case against you for that debt. Yet, many debt collectors still do, in the hope that they will get default judgment or that you will be forced to pay for fear of a legal case.
If a Florida FDCPA attorney is at your side to defend you, there is no way you will be deceived by these tactics and can in fact be the one to go after the collecting agency for his violation of the FDCPA.
Your FDCPA attorney in Florida can also assist you in initiating a private cause of action against your collecting agency and claim for remedies that include, among others, the following:
- Attorney’s fees
- Court costs
- Punitive damages
- Actual damages
- Statutory damages
A licensed FDCPA attorney in Florida can guide you throughout this process and give you a good fighting chance at being successful with your claim. Whether you are a resident of Jacksonville or of Palm Beach, your rights can be protected by your Florida FDCPA attorney.
Ask for a Free Evaluation
You need not commit to anything and simply ask for a Free Evaluation to get a good understanding of the FDCPA law and how it applies to your situation. Only if you find that you have a good stand at winning a claim against a creditor or a debt collector can you decide to have a Florida FDCPA attorney connected to you.
You will undergo legal proceedings to pursue such claim and a licensed FDCPA attorney in Florida would be your best weapon.