If you are in debt and fearsome of debt collectors’ incessant calls, you are not alone. A US News report indicated that a study conducted by a new Consumer Financial Protection Bureau (CFPB) found that 1 in 4 American consumers contacted by collecting agencies felt threatened.
After all, who would not be afraid of threats of jail time? This is a clear sign of abuse and the Fair Debt Collection Practices Act (FDCPA) exists to protect consumers from such abusive acts.
FDCPA in Mississippi
Debt collection has now turned into a huge industry that 70 million consumers are affected by it. It comes as no surprise therefore that collecting agencies will employ all sorts of tactics just to earn commissions from the debts they collect.
These tactics are regulated by the FDCPA and the state laws enforced by local governments in support of the federal FDCPA.
Mississippi is one of those states which do not have its own FDCPA statutes. Nevertheless, it fully implements the FDCPA and thus gives protection from unfair practices of debt collectors including the following:
- Getting your information from third parties;
- Providing your data to third parties;
- Use of abusive and profane language;
- Threats of violence, lawsuits or harm;
- Calling at inconvenient times and places; and more.
Mississippi’s Statutes of Limitations on Debts
Collecting agencies either work for creditors based on commission or they purchase bad debts. Some of these debts are referred to as “zombie debts” because they have reached the statute of limitation. This refers to debts that have gone beyond a period of time by which the debtor can be held legally liable.
Yet, collectors persist on filing lawsuits on the hope of gaining default judgments or force debtors to pay out of fear. It is therefore necessary to get the help of a Mississippi FDCPA attorney to make sure collecting agencies will not deceive you by employing acts that violates the FDCPA.
In Mississippi, the statute of limitation for consumer debts covered by the FDCPA, such as those involving personal, household or family transactions, is 3 years. This includes promissory notes, written and orally contracted debts and credit card debts.
Credit card debts are open accounts and the start of 3 years begins at the time the debt is due and payable. Since state laws may change anytime, it is best to seek the advice of an FDCPA attorney in Mississippi to make sure you know your rights.
Need a Mississippi FDCPA Attorney?
It should be noted that Mississippi is a one party consent state. As such, any individual who is party to a call can record a phone conversation he has with another party without the need for express permission.
This means that a consumer being harassed by a debt collector over the phone can record their exchanges and use it as evidence under a FDCPA claim. Given that this is a legal procedure, you need to help of a Mississippi FDCPA attorney.
Whether you reside in Jackson or in less-populated Tunica, you are protected by the FDCPA. You need not allow these abusive debt collectors to instill fear or anxiety in you. You can invoke your rights against them with the assistance of an FDCPA attorney in Mississippi.
Get a Free Evaluation
If you believe that a debt collector has violated your rights under the FDCPA, a Mississippi FDCPA attorney can immediately be connected to you to help you with possible claims for damages. The law provides you only 1 year from the time the violation transpired to file a case, thus the need to act urgently.