When you find yourself the victim of deceptive practices from a collection agency, you may need to hire the services of an experienced Michigan stop collection attorney. Since many consumers are not aware of the laws regarding debt collection practices, they are often harassed and taken advantage of by unscrupulous debt collectors. It doesn't have to be this way, when you know the laws that debt collectors must follow, you can feel more in control of the debt you have.
Some of the laws regarding The Fair Debt Collection Practices Act, as they apply to a creditor when they are COMMUNICATING WITH A PERSON OTHER THAN THE DEBTOR, (like your relatives or neighbors), for purposes to discover where the debtor is located are:
- The creditor must say who they are, and advise that they are attempting to correct or confirm that the person lives there. If requested, they must also tell who their employer is.
- They cannot disclose to the third party that the person owes a debt.
- They cannot talk to the person more than once, unless they believe that the information garnered earlier was incomplete, and that the person now has additional information regarding the debtor.
- They cannot try to communicate via post card.
- The cannot use symbols or language that would show that they are in the business of debt collection, or that the communication has to do with a debt collection.
- When the debt collector is aware that the consumer is represented by an attorney concerning the debt, and knows how to contact the attorney, they cannot talk to anyone but the attorney, unless the creditor gets no response from the attorney.
A debt collector cannot communicate with a consumer in relation to the collection of a debt without using the magic words: “this a communication from a debt collector” and “this is an attempt to collect a debt”.
A debt collector must also not try to communicate with a debtor when it is not convenient for the consumer. They also cannot call the consumers work place if they are notified or aware that the consumer cannot take calls at work.
If a consumer advises the debt collector in writing that they will not pay a debt, or that they want the collector to stop communication, the debt collector must do so unless they are either telling the consumer that they have stopped collection efforts, or that they are notifying the consumer that they are taking additional actions like filing a lawsuit. If they do not follow these laws, then you will need to hire a consumer attorney. They have the knowledge and experience required to make the harassment and abuse stop, and make the people who break the laws pay for what they have done.
There is no reason to allow yourself to be threatened and harassed by collection agencies, when there are laws in place to stop this sort of behavior. Consumers can often feel overwhelmed when they are called day and night by creditors, and may not know what they can do. It is at times like this, that a Michigan stop collection attorney can fight for your rights, and stop the incessant harassment.
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