Even debtors who fail to pay their debts on time have rights and are protected by law. The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 across the U.S. to make sure collection agencies would uphold fair practices in collecting outstanding debts.
In each state, similar statutes are used to supplement the FDCPA to ensure compliance and give debtors some feeling of protection from abusive collectors.
FDCPA, DCPA and ICCC
In Iowa, the relevant laws are the Iowa Debt Collection Practices Act (Iowa DCPA) and the Iowa Consumer Credit Code (ICCC). This is in support of the federal FDCPA and is designd to fully protect Iowa consumers.
The DCPA is similar to the FDCPA but instead of only governing the practices of the debt collectors, the DCPA regulates the conduct of both creditors and collection agencies.
Similarly, the ICCC prohibits the use of misleading, false, and deceptive techniques in collecting debts, which means that debt collectors can be held criminally and civilly liable.
To be able to take the best remedy for any form of violation considering the different legislations that may be applied, the services of an Iowa FDCPA attorney can be acquired. He will guide you through your situation and give the best advice as to how you should go forward with your claim.
Iowa Statute of Limitations for Debts
It is comforting to know that the fear of getting sued over unpaid debts has an expiry date. Statutes of limitations are enforced on debts and each state dictates the length of those statutes.
In Iowa, credit card debts and those acquired via written agreements have a statute of limitations of 10 years. For promissory notes and debts based on oral agreements, the statute of limitations is 5 years. Beyond those points, you need not worry about being sued due to your debt.
Should a collector file a case against you for a debt that has passed its statute of limitations, you can easily overturn the case and instead go after the debt collector for violation of the FDCPA.
An Iowa FDCPA attorney has the expertise to handle this problem for you, whether you reside in Des Moines, Davenport or Okoboji. The law covers the entire state of Iowa, which means that no matter where you reside in the state, you’ll have protection.
What Your Iowa FDCPA Attorney Can Do
A debt collector who violates the FDCPA can be sued under this law. Since this entails a legal process, an Iowa FDCPA attorney is the best person to help you. She may initiate a claim on your behalf upon supplying her with the circumstances of the violation.
If the claim for damages proves successful, you are now the one who is going to collect damages that may include the following:
- Actual damages
- Additional damages up to $1,000
- Attorney fees
- Legal costs
Through the help of your FDCPA lawyer in Iowa, you can even commence criminal complaints against the original creditor by reporting misconduct before the Iowa Attorney General’s office.
Violation of the Iowa DCPA is considered a serious misdemeanor. However, you won’t be rewarded with double damages for a single violation under both the federal FDCPA and the Iowa DCPA. Please note that you will end up paying nothing if you win your case, since attorney and legal fees will be recovered.
Get a Free Evaluation
Do not let abusive collection agencies continue to ruin your day, and don’t be afraid of filing a claim! Get a free evaluation now and get familiar with your rights. If you find the need to go after the agencies, an Iowa FDCPA attorney can be connected to you to help you file claims for damages.