Debt collection has become quite aggressive in many cases that even debts of the deceased are being collected from family and relatives using abusive, manipulative, harassing and deceptive tactics. These kinds of practices by debt collectors are illegal and regulated by the Fair Debt Collection Practices Act (FDCPA) of 1977.
Any violation of this federal law can actually turn the debt collector into a debtor if the borrower proves successful in a claim under the FDCPA.
FDCPA in South Dakota
South Dakota fully implements the federal FDCPA and prosecutes debt collectors who are in violation of this law. The collection agencies are therefore compelled to play by the rules failure of which renders them legally liable. Some of the most common restrictions relating to debt collections include the following:
- Making threats or employing harassment;
- Contacting third parties despite a written notice not to;
- Collecting from families of a deceased debtor;
- Contacting third parties about the debt, except the attorney or spouse;
- Contacting the workplace despite knowing disapproval of employer, etc.
Another important information debtors should know about is the statute of limitation (SOL) of their debts. Many creditors or debt collectors persist on filing cases despite the debt having expired SOLs on the debts. This is another violation of the FDCPA.
In South Dakota, the following SOL applies to the corresponding consumer debts:
- Credit card debts – 6 years
- Debts based on written agreements – 6 years
- Debts based on oral agreements – 3 years
- Promissory notes – 6 years
- Judgments on debts (domestic) – 20 years
- Judgment on debts (foreign) – 10 years
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The statute of limitations differs from state to state. To make sure you get your facts right and determine if your debt collector is violating your rights, it is better to get the advice of a South Dakota FDCPA attorney.
Consult With A South Dakota FDCPA Attorney
The United States has numerous one party consent states, which includes South Dakota. This means all residents of the state, whether from Sioux Falls or Stugis, have the legal capacity of recording a phone call with an abusive debt collector without the latter’s approval.
Only a single person needs to provide the permission and as the other party on the call, the debtor may record the conversion and use it as evidence against the collecting agency in a claim for damages.
Given that a claim involves legal proceedings, you will need the assistance of a South Dakota FDCPA attorney to help you throughout the process. He is also the best person to determine how to approach the case and which laws to apply.
Should you win your claim against the collecting agency, various remedies may possibly be awarded to you by the court depending on your circumstances, including among others, the following:
- Monetary actual damages
- Statutory damages
- Recovery of garnished or lost wages
- Damages for physical and/or emotional distress
- Attorneys’ fees and legal costs
You must divulge all helpful facts and details of your situation to your FDCPA attorney in South Dakota to ensure everything is considered and no loopholes will be found by the collection agency which it can use against you.
Get a Free Evaluation
You need not pay anything just to get further information about the FDCPA and South Dakota collection laws. You can undergo a Free Evaluation now and learn more about how the law applies to your circumstances. Should to decide to take the case further against an unethical debt collector, a South Dakota FDCPA attorney will be connected to you.