If you have a debt, then you are inviting people to eventually collect it if you haven’t paid. But no matter how large your debt is or how you accumulated it, you do not have to suffer harassment from third-party collectors. These third-party collectors should not be harassing you about your debt; legally, it could cause a lot of problems for them.
The Federal Debt Collection Practices Act (FDCPA) is what protects you from bad behavior from third-party collectors. Under that law, third-party collectors can’t call you at odd hours, discuss your debt with inappropriate parties, or try to collect a debt that you’ve already paid. There are many additional protections under the law, so check the longer list--you may find that you’ve experienced more violations than you thought.
Any of those violations would be enough of a reason to contact an FDCPA attorney to serve as your advocate. Your attorney can help you prepare your case, determine what you might be entitled you, and fight on your behalf. Each FDCPA violation could mean $1000 for you, so consider contacting a lawyer as soon as possible.
Indiana’s Specific FDCPA Laws
In Indiana, the statute of limitations on open most accounts is about six years. Moreover, any collection agency has to be registered with the state in order to be sure that it is following proper protocols. Even though registering is by no means a guarantee that a third-party collector will follow the law, it does make it easier for the consumer to advocate for themselves.
Indiana also has a specific law that protects consumers from loans that involve an “extortionate” collections process. This means that if there was the threat of violence or other illegal activity if the debt was not repaid, then the debt is unenforceable by law.
How Indiana’s Act Bolsters the FDCPA
In Indiana, the FDCPA’s provisions may be your best bet for getting relief from third-party collectors harassing you. Under the FDCPA, collectors are not allowed to do any of the following:
- Try to collect a debt that has already been paid
- Pretend to be an IRS agent
- Try to collect an amount that wasn’t agreed upon in your initial agreement
- Threaten to seize your property
- Call you at odd hours, such as before 8 a.m. and after 9 p.m. in your time zone
These are just some of the common behaviors that the FDCPA protects you from, but there are many more; don’t worry if your harassment doesn’t fit into the violations just mentioned.
Talk to An Attorney Today
Thanks to the FDCPA, you have some protections from third-party collectors’ harassment. Even though Indiana has its own laws, the FDCPA will most likely be your best shot at ending your harassment and receiving compensation.
Perhaps you could go it alone with your case; some people do. But an FDCPA attorney is in the best possible position to help you. With his or her help, those third-party collectors could be penalized and finally leave you in peace. You deserve at least that much.