Fair Debt Collection Practices Act
Wondering about the FDCPA: The Fair Debt Collection Practices Act? How can you stop debt collectors? Yesner Law continues the talk on Zombie Debt Collection Practices and how to stop those annoying calls from debt that has been eliminated, discharged or otherwise written off. The collection agency will still attempt to collect on this debt in the hopes that the borrower will just pay to make them go away. Don’t let them win, you have rights, speak to a professional to learn your rights.
Zombie Debt What is Zombie Debt? Basically, Zombie Debt is debt that has been written off or discharged or eliminated. But because it been transferred from collection agency to collection agency to collection agency to collection agency, borrowers still get calls trying to collect on that debt. Zombie Debt brings up the FDCPA, the FCCPA, the TCPA and all those cool acronyms that we attorneys like to throw around that basically means, improper illegal debt collection activities. If I get a client that has settled or paid off or eliminated a debt, and they get a call from another collector, I instantly send out a FDCPA Fair Debt Collection Practices Act, Florida has the FCCPA, the Florida Consumer Collection Practices Act, and then the TCPA if they’re calling them on the cell phone. Is even better, and I send out that that letter, and I say here’s where the debt was satisfied, you’ve now tried to collect, please give me attorney’s fees and $1000 penalty. If it was a eliminated in a bankruptcy, which I just had one the other day, that’s even better, cause then I get go to the bankruptcy court, re-open the case and have the bankruptcy court sanction the creditor. So, it is out there, it is something that’s being done for attorney’s, start to learn the FDCPA the FCCPA those types of things. I know that there are some attorneys in here that do it. I know that I do them as well. They are great tools to get some of this Zombie Debt to go away.