The implementation of the Fair Debt Collection Practices Act (FDCPA) across America must be a relief to all debtors who are constantly at odds with persistent and annoying collecting agencies. Prior to the enforcement of the law in 1977, debt collectors will stop at nothing to collect debts.
They will call every day, make-up threats such as lawsuits or increased debts, and even embarrass you before third parties. Many of them still act that way today. The difference is, with the FDCPA, they can now be sued for such practices.
Each state complies with the FDCPA including Indiana, where the FDCPA is implemented under the Indiana Fair Debt Collection Statute. Under this law, debt collectors are restricted from employing practices tantamount to harassment, making false statements and conducting unfair practices, among others.
Acts such as the following is considered harassment, abusive and oppressive under the Indiana FDCPA:
- Use of insulting, profane or obscene words;
- Make calls without properly identifying self;
- Make repeated and annoying calls;
- Making threats of violence;
- Doing actual harm to individual, reputation or property;,
- Publishing information of debtor about his debt except before credit bureaus.
Statutes of Limitations in Indiana
The state of Indiana enforces a statutes of limitation on debts. After 10 years from the time payment has defaulted, any debts acquired based on a written contract or promissory notes will no longer be subject to a lawsuit. For credit card debts and money borrowed based on oral agreements, the statute of limitation is 6 years.
If you are not sure whether your debt has gone past its statute of limitation, then the help of an Indiana FDCPA attorney is quite valuable. He will be able to guide and protect you if debt collectors persist on threatening you with legal proceedings, and your Indiana FDCPA attorney can actually go after the collector if he violates your rights.
Consult with a FDCPA Attorney in Indiana
It is but natural to be apprehensive about getting the help of an FDCPA attorney in Indiana since this would mean legal costs and attorney expense. In the first place, you are in this situation due to your inability to pay a debt. Money matters can be a huge reason for you to simply keep quiet and suffer the abuse of some debt collectors.
However, to do this is like waiving your rights and allowing violating collection agencies to get away with their crime. Note that one of the remedies afforded to you by the FDCPA besides actual damages is the recovery of legal costs and attorney fees. Therefore, you will end up not paying anything if you win your claim.
The FDCPA law applies in the entire state of Indiana and the large population of Indianapolis will greatly benefit from the help of an Indiana FDCPA attorney. So are the residents of tiny cities like Eckhart or Brookston whose rights may have been trampled upon by abusive debt collectors under the FDCPA.
Get a Free Evaluation
If you are not sure how your situation applies to the law, you may acquire a Free Evaluation to help you determine if a claim against a debt collector is the best solution. An Indiana FDCPA attorney will be referred to you according to your need.