Do not let your debt be your death sentence. Reports of people committing suicide due to their ballooning debts are not new. Many of these incidences are not only brought about by the debt itself but worsened by the anxiety, shame and fear prompted by the inappropriate conduct of collecting agencies.
The Fair Debt Collection Practices Act (FDCPA) has been enforced since 1977 and it protects consumers from abusive debt collectors who can trigger your stress levels to maximum intensities. Therefore, debt collectors should be the ones to be wary of violating the FDCPA as they can be held legally liable for such acts.
The FDCPA and Michigan’s FDCPA
The FDCPA is a federal law that covers the entire country and regulates the practices employed by collection agencies when collecting debts. Under this law, debt collectors are prohibited from conducting tactics which, among others, are inappropriate, unfair, misleading, deceptive, and amounts to harassment.
However, the FDCPA does not provide relief for such actions performed by creditors, who are the merchant or company where the debt originated. This is why many states, like Michigan, enacted local laws that cover not only debt collectors but also creditors.
The Michigan FDCPA is contained in its Michigan Fair Debt Collection Statute and provides practically the same prohibitions, with the inclusion of creditors.
In Michigan, the statute of limitation for consumer debts such as promissory notes, student loans, medical bills, auto loans, credit card debts, and other written or orally contracted debts is 6 years. The expiry of this statute of limitation means that the creditor or debt collector may no longer sue you.
However, there are means to extend this statute of limitation including the following:
- Making an agreement with the collector or creditor to pay the debt;
- Partial payment of the debt which can re-start the statute of limitation; and,
- Written acknowledgement of the obligation.
It is necessary to be careful in dealing with deceiving and misleading debt collectors. You are better protected if you avail help from a Michigan FDCPA attorney who can guide you on the best path to take with regard to your problems with debt collectors.
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Get Help from a Michigan FDCPA Attorney
There are many reasons why people fall behind with their debt payments including the following:
- Medical emergencies;
- Loss of job;
- Increased mortgage payments;
- Failed business;
- Divorce, etc.
When this happens, it will not be long before a debt collector starts hounding you. Since most, if not all of these collecting agencies earn profit based on the debt they collect, it is expected that they will do everything to collect payments.
When such actions turn ugly, a Michigan FDCPA attorney can help you claim for remedies and damages. Michigan consumers are protected by both state and federal FDCPA laws. Whether you are from Bloomfield Hills or a resident of Detroit, a Michigan FDCPA attorney can protect you against abusive debt collectors.
Get Free Evaluation
You may seek a Free Evaluation to know your rights and determine if you can claim against your debt collector. Should the review of your situation indicate the need for a Michigan FDCPA attorney, you can immediately be connected to one to help you with your claim.