Created to establish regulations that would protect consumers, the Federal Debt Collections Practices Act (FDCPA) oversees debt collection practices all across the United States. The regulations establish detailed directions regarding how collection agencies must verify debts and provide the evidence to the consumers questioning the debts. It even clarifies how consumers can ask for debts to be validated and what evidence must be provided to the consumer.
The Act clearly states what debt collectors are permitted to do when collecting a debt from a consumer. If you are being harassed by a debt collector, consult with a South Dakota FDCPA attorney.
South Dakota FDCPA Laws and How They Work
While the FDCPA was enacted to offer protection to consumers all across the country, states often enact their own laws to provide residents additional protection. South Carolina has enacted its own laws, which include it being a one party consent state. This means that only one person on the phone call has to grant permission for a call to be recorded.
While the FDCPA regulations are applicable in the state of South Dakota, additional regulations set by the state legislature apply as well. The FDCPA even establishes the frequency of contact a debt collector is permitted to make with a debtor and the hours at which calls are permitted. If the laws are violated, then you can seek damages against the debt collector and the collection agency can be fined for violating the established regulations.
Differences in FDCPA and the South Dakota Protection Code
As previously mentioned, the FDCPA applies in South Dakota but additional laws come into play as well. In South Dakota, there is a statute of limitations regarding the collection of debts. That means that after the timeframe set in the statute of limitations has passed, the debt can no longer be collected.
The time limit starts as soon as the contract has been breached by failing to pay the payment that was due. South Dakota's time limits are 6 years on contracts, 20 years on domestic judgments, 10 years on foreign judgments, 6 years on fraud claims, 20 years on sealed instruments other than real estate, 6 years for open accounts, and 10 years for other actions that are not posted. The laws are very detailed and precise.
Consult with a South Dakota FDCPA Attorney
If you are a resident of South Dakota who has faced the harassment and illegal actions of a debt collector, you should consult with a South Dakota FDCPA attorney who will help you throughout the process. Your attorney will be able to tell you if the FDCPA or other collection laws have been violated by the debt collector in question. Your lawyer will also be able to help you get the harassing phone calls stopped.
If the debt collector has violated the FDCPA, your attorney can help you file a civil suit seeking $1,000 or more the violation of the law and for the damages, you suffered. Stop the phone calls and consult with an attorney today.