Unfortunately, as the economy continues to suffer, many Americans are accumulating debt. If you live in Tallahassee and are being harassed by banks and creditors over your debt, we at Morgan & Morgan may be able to help.
In Florida, you are protected from unlawful debt collection practices under The Florida Consumer Collection Practices Act (FCCPA) and the federal law, The Fair Debt Collection Practices Act (FDCPA). Our legal team will review the details of your case and determine the best course of action for you take in order to stop debt-harassment.
What are Lawful and Unlawful Debt-Harassment Practices in Tallahassee?
Creditors have the right to collect debt from consumers. However, they must be careful to operate within the confines of the law when engaging in debt-collection practices. Consider the following information about what constitutes lawful and unlawful debt collection practices in the State of Florida:
- Debt collectors may contact you by mail, email, telephone, telegram, fax, or in person.
- A debt collector is required to send you a written notice of your debt within five days of the time they first contacted you.
- You have the right to stop a debt collector from contacting you by sending the agency a written letter. However, a debt collector can still lawfully contact you to notify you if they intend to take some specific action against you.
- It is unlawful for a debt collector to communicate with you or your family with such frequency as can be reasonably considered harassing.
- Debt collection agencies cannot contact you at work if the agency is aware that your employer does not approve.
- A debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m. unless you agree.
Additionally, debt collectors cannot harass or abuse you in any way. For example, it is also unlawful for debt collectors to impersonate law enforcement, make threats, harass family members about your debt, use profane language, attempt to collect a false debt, or claim to be an attorney. For a comprehensive list of all prohibited debt collection practices in Florida, contact a skilled attorney.
Can You be Compensated For Debt Harassment in Tallahassee?
If attempts at stopping unlawful debt harassment practices fail, you may be able to file a lawsuit against the debt collection agency that is bothering you. Depending on the details of your case, you may be entitled to damages for physical distress, lost wages, wage garnishment, and emotional distress. Under The Fair Debt Collection Practices Act (FDCPA), you may also recover up to $1,000 in damages based on the degree of harassment you endured. The FDCPA also allows consumers to recover attorney’s fees. Additionally, any third parties affected by your debt harassment — family members, co-workers, etc. — may also take legal action against debt collectors who act unlawfully.
Stop Tallahassee Debt Harassment Today
Morgan & Morgan is a highly respected debt harassment law firm dedicated to protecting the rights of Tallahassee residents. If you are the victim of unlawful debt harassment, let our aggressive legal team help you fight back. For more information, call or (850) 329-6895 or contact us online.