Debt Collection Tactics- Tips About How to Lawfully Avoid Paying Your Credit card debt
Discuss the two debt collection tactics that debtors may utilize in order to not being legally responsible to repay current or old debts.
One of the debt collection practices identifies a federal government legislation called the Statute of Limitations (SOL). This particular law stops collectors from collecting "zombie debt". This is old debt that is no longer collectable.
By law, debt collectors have a restricted timeframe to recover a delinquent credit card debt. The time frame differs from state to state between 3-10 years. Nearly all states permit 4-5 years to collect). This is the easiest of the credit debt collection tactics.
The purpose of this specific regulation is to give protection to debtors. The government considered it unfair that the debtor be hounded indefinitely by debt collectors! When collectors are not able to or won't collect within the allocated time period, then you're no longer liable to pay back that debt.
If the Statute of Limitations has expired and the collectors take legal action against you, the judge will throw out the case in the event you present proof that the SOL has expired.
Just how do you determine the beginning date for the Statute of Limitations? Take a look closely at the date of your final monthly payment.This information is found in your credit report. You can acquire a free copy of your report by going to annualcreditreport.com This website will never inquire you for your credit card data.
The second of the debt collection strategies which you have is known as Debt Validation. This is a different federal government law which falls under the Fair Debt Collection Practices Act (FDCPA).
This identifies a customer's authority to dispute a financial debt and acquire written proof of the debt from the debt collector. The debt collector has to prove that the credit card debt they are trying to acquire is indeed yours. The authority to contest the debt and receive validation is part of the consumer's rights under the United States Fair Debt Collection Practices Act (FDCPA).
If a consumer makes a timely request regarding debt validation and a debt collector does not provide proper validation, or or does not respond in any way, the debt collector may not lawfully continue to go after the debt, and therefore, you're not legally liable to pay the debt! In the event the collection activity continues, the individual may submit a lawsuit in state or federal court for infringement of the FDCPA.
What does a debt collector need to provide to verify a debt?
• Proof that the collection agency owns the debt/or has been assigned the debt.
• Proof that the collection agency is legally allowed to recover debts in your state.
• A thorough tally of the debt, all fees and interest.
• A copy of the actual signed loan agreement or charge card application (with your signature).
So, if a collector isn't able to authenticate a debt:
• They aren't allowed to collect the debt,
• They are not allowed to speak to you concerning the debt.
• They are also not allowed to report it under the Fair Credit Reporting Act (FCRA).
To do so is a violation of the FCRA, and the FCRA claims you could prosecute for $1,000 in damages of any breach of the Act.
Some debt collectors are too lazy to provide you with the required documentation. Or, they lost a portion of the paperwork and therefore cannot send it to you. So, take advantage of these two debt collection tactics. They are your rights. You may be able to save $1,000's!
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