The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the actions and practices of third-party debt collectors who collect debts on behalf of companies or people. Debt collectors have several rules they must follow per the FDCPA, which is why your FDCPA dispute rights are invaluable. When you dispute a debt, the debt collection agency must cease all collecting activities until it gives you proof that you owe it. A collector’s failure to provide you with proof of your debt means they cannot legally try to collect on it. If you must dispute a debt, it may help you to work with a Florida FDCPA lawyer.
Important Things to Know About Disputing Debt
Your right to dispute a debt under the FDCPA has three separate parts. First, you have the right to be notified of your debt. The collector must provide you with a letter detailing the following items within five days of first contacting you about a debt:
- Amount of the debt
- Name of the creditor
- Information about how to report what you believe might be a mistake or that you don’t owe the money
- Thirty-day time limit from the time you receive this letter to filing a dispute
Secondly, you have the right to verify the debt by requiring that a debt collection agency give you detailed information that shows you owe the debt. This information can vary depending on the circumstances. The debt collector must provide you with details to prove the debt is valid.
Some key verification points are the:
- Amount of the debt
- Date of the debt
- Name and contact information of the creditor they represent
- Copy of the original contract or paperwork if you believe it is from mistaken identity or theft
- Verification of any payments, interest, and fees charged or waived
The third key piece of your FDCPA rights is the right to dispute the debt itself. When you receive a notice of debt from a collector, you have up to 30 days to send a letter of dispute and request the original creditor’s name and address. At this point, the debt collector must cease all collection activities against you until the debt verification process finishes. If this doesn’t deter them, you need to contact a reputable TCPA attorney as soon as possible to assist you.
Hire an Attorney to Fight Debt Collectors
It’s important to understand that the FDCPA prohibits debt collection agencies from falsifying any information about the amount owed, your character, or the legal status of your debt. A debt collector shouldn’t try to collect money that you don’t owe. If these organizations have never sent you a written notice of this debt, keep in mind that the 30-day limit won’t apply and you should still dispute it and use your verification rights.
Don’t deal with debt collection agencies without being sure of your rights as a consumer. You need a competent team of FDCPA lawyers to assist you and determine the best options for your debt collection problems. Remember, under the FDCPA, several tactics collectors may use are illegal. This act sets limits on how far they can go while trying to collect a debt from you. For more information, contact us at 1-(844)-JIBRAEL or fill out this short form.