Debt Recovery Law

Debt Recover Laws, or "Fair Debt Laws" relate to the practices debt collection companies must observe in the collection of consumer debts. The Federal Trade Commission (FTC) is the United States' consumer protection agency, and enforces the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices to collect obligations from debtors. Under the FDCPA, a debt collector is anyone who regularly collects debts owed to others, and may include collection agencies, certain kinds of lawyers, and other persons or entities involved in collecting the debts of others.

The Act pertains to consumer debts, which are considered personal debts like those owed on credit cards, mortgages, household expenses, and so forth. It does not protect business debts. The Act prohibits debt collectors from engaging in certain conduct, such as contacting debtors at certain times and locations, talking to people other than the debtor about the obligation, and misreporting information on a person's credit report.

If a debt collector violates the restrictions of the FDCPA, they may become civilly liable and/or subject to administrative fines.

Additionally, many states have their own consumer protection laws. These often mirror the provisions of the FDCPA, or extend its provisions. They often provide for additional penalties for improper debt collection activities. Furthermore, many state run agencies will provide additional support in combating improper debt collection activities.

If you have a question about fair debt laws, you can review the materials below for further information. Additionally, should you require legal assistance or believe you have a claim for a violation of the Fair Debt Collection Practices Act, you can find an attorney in your area that focuses on this area of the law under the Law Firms tab on the menu bar, above.


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Debt Recovery Law Articles

  • Understanding the Means Test in Chapter 7 Bankruptcy
    In order to qualify to file under Chapter 7 of the U.S. Bankruptcy Code, Debtors must first pass the Means Test, which is set forth on Form 22 of the official Chapter 7 Petition. Many Debtors considering filing for bankruptcy are not entirely sure how to determine whether they qualify under the Means Test, as the steps that make up the test are somewhat confusing. The purpose of this article is to attempt to simplify the Means Test.
  • California and Debt Settlement Scams
    Some pitfalls and some recommendations when hiring someone to settle your debts.
  • Protecting Creditors Rights When a Debtor Files a Chapter 7 or Chapter 13 Bankruptcy
    In cases where the debtor has filed under Chapter 13, or it has been converted to a Chapter 13 from a Chapter 7 bankruptcy, a debt collection attorney has a number of options at their disposal when a debtor is seeking relief under the bankruptcy code. Being proactive at this point is what can make or break your chances of recovering a substantial percentage of the debtor's obligations.
  • Garnishing Wages – Debt Collection in Potter County, Mckean County and Tioga County Pennsylvania
    In Pennsylvania you cannot garnish wages to collect a debt even after obtaining a judgment against you. The harassment and the false information violate the Federal Debt Collection Practices Act. The Act actually provides that you can sue the collector for his illegal acts and recover up to $1,000.00 per violation plus attorney’s fees.
  • How to Stop Wage Garnishments
    The author discusses how to stop wage garnishments.
  • Mitigating Loss When You Have Something to Lose: Deficiency Judgments, Credit Rating and Public Image
    The real estate crisis reaches every strata of society, including financially stable individuals and companies. There is no one-size-fits-all approach, however, and affluent clients have unique concerns that have been largely over-looked by the media and governmental programs. This article discusses strategies for resolving mortgage problems for people who have good reason to worry about deficiency judgments, credit rating, and public image.
  • Debt Collection Practices Are Leading to More Complaints
    Lawsuits against debt collectors alleging violations of the Fair Debt Collection Practices Act (FDCPA) are on the rise, with 1,928 court filings nationwide by mid-March. Of those filings, 462 occurred in the first two weeks of March alone, an upward trend compared with cases filed in previous periods.
  • Tax Consequences for Forgiven Debt
    As more families refinance their mortgages, are forced into foreclosure or find other ways to cancel their mounting debt, the last thing that may be on their minds is the potential tax consequences of their actions.
  • Three Things Your Attorney Should Advise You about Filing a Debt Collection Lawsuit
    Attorneys are happy folks. They are happy to file a lawsuit on your behalf. However, you should take a moment and discuss a few things with your attorney to see if the lawsuit will ultimately make you happy.
  • Milavetz to Test Constitutionality of Bankruptcy Law
    The Supreme Court recently heard oral arguments in an important case to determine the boundaries of the advice an attorney may give to a client considering filing for bankruptcy protection.
  • All Debtor and Creditor Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Debtor and Creditor including: bankruptcy, collections, credit and mortgage, debt recovery and insolvency.

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