Florida Bankruptcy Services

Why? We know a fantastic local attorney who would be happy to make your creditors & collection agencies stop violating your rights so you can get your life back. He makes them pay his fees - not you - and pay you monetary damages as prescribed by law.

The Fair Debt Collections Practices Act (FDCPA) requires debt collectors to

• Identify themselves and notify the consumer that the communication is from a debt collector and that any information obtained will be used to effect collection of the debt.

• Give the name and address of the original creditor upon the consumer's written request made within 30 days of receipt of the notice.

• Notify consumers of their right to dispute the debt. The 30-day notice is required to be sent by debt collectors within five days of the initial communication with the consumer. The consumer's receipt of this notice starts the clock running on the 30-day right to demand verification (validation) of the debt from the debt collection

• Provide verification (validation) of the debt. If a consumer sends a written dispute or request for verification within 30 days, then the debt collector must either mail the consumer the requested verification information or cease collection efforts altogether. Such asserted disputes must also be reported by the creditor to any credit bureau that reports the debt.

• File a lawsuit in a proper venue - a debt collector may file a lawsuit, if at all, only in a place where the consumer lives or signed the contract.

The following conduct is prohibited under FDCPA:

• Failure to cease communication upon request: communicating with consumers in any way (other than litigation) after receiving written notice that the consumer wishes no further communication or refuses to pay the alleged debt.

• Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously: with intent to annoy, abuse, or harass.

• Communicating with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer.

• Contacting a consumer known to be represented by an attorney.

• Communicating with the consumer after a request for debt validation has been made: communicating with the consumer or pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt made within the 30-day validation period and before the debt collector mails the consumer the requested verification or original creditor's name and address.

• Misrepresentation or deceit: misrepresenting the debt or using deception to collect the debt, including a debt collector who misrepresents that he/she is a lawyer or police officer.

• Publishing the consumer's name or address on a "bad debt" list.

• Seeking unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law.

• Threatening arrest or legal action that is either not permitted by law or contemplated.

• Abusive or profane language used in the course of communication related to the debt.

• Communication with third parties: revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney.

• Contact by embarrassing media, such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

• Reporting false information on a consumer's credit report or threatening to do so in the process of collection.