It is not uncommon for people owing money to be constantly called, e-mailed or even visited by debt collectors who will go as far as threaten of suing you if you fail to pay. Are you aware that this kind of conduct is illegal?
The Fair Debt Collection Practices Act (FDCPA) protects you from these kinds of abusive and unfair behaviors and this law may allow you to turn the table against violators and be the one to collect from them for damages.
The FDCPA is a federal legislation that is implemented throughout the country. Each state typically has its own consumer protection laws that are in compliance with the FDCPA. In Idaho, seeking remedies against abusive debt collectors may prove more complex than in other states.
This is because besides the FDCPA, collecting agencies are governed by the collection agency law contained in Title 26, Chapter 22 of the 2016 Idaho Statutes otherwise referred to as the Idaho FDCPA.
A creditor can sue you for your failure to pay your debt only up to a certain period referred to as statute of limitation. This time period varies according to states and in Idaho, debts obtained via promissory notes, written contracts and credit cards have a five year statute of limitation.
For debts gained through oral agreements, the statute of limitation is 4 years. Beyond this time, the creditor is no longer able to sue you for your debt.
While the statute of limitation does not negate your obligation to pay the debt, at least it can remove some of the stress you may have. A licensed Idaho FDCPA attorney will determine if you are free from possible legal claims and help you in the direction to take in paying your debt.
Be Advised by an Expert Idaho FDCPA Attorney
The Idaho FDCPA varies substantially from the federal FDCPA. The FDCPA allows you to sue debt collection agencies for damages while the Idaho FDCPA criminalizes the unfair and inappropriate acts of the collectors. As such, you can claim for damages under the FDCPA but not under the state law.
Instead, you can report the conduct to the city/county prosecutor or the Idaho Department of Finance, who in turn will be the one to file the criminal case. While this seemed complicated, the existence of the two legislations provides Idaho consumers with more protection.
It is advantageous to get the advice of a licensed Idaho FDCPA attorney whose expertise will free you from any confusion and give you different options to take. Your Idaho FDCPA attorney can provide you, among others, the following:
- Be the contact person of the collector as regards your debt, thus freeing you from stress;
- Manage your debt payment;
- Advise you about your situation and the best path to take;
- File and handle a case against debt collectors in violation of the FDCPA; and,
- Advice you of the different damages and remedies due you based on your situation.
Residents of Boise and any other city in Idaho can get the services of a licensed FDCPA attorney since the scope of these laws are statewide, designed to protect all consumers from abusive collecting agencies.
Avail of a Free Evaluation
If you feel that your debt collector has dealt with you inappropriately, avail of a Free Evaluation now and learn more about the FDCPA. Should you find that you may claim for damages, a licensed Idaho FDCPA attorney can immediately be referred to you to help you throughout your legal claim.