Minnesota Bankruptcy Attorney
We understand how desperate you can feel when debt collectors are constantly calling your home. Fortunately, the government cares and has set a whole set of regulations regarding debt collection. Debt collection agencies are subject to The Fair Debt Collection Practices Act, the (FDCPA). If you have any questions about the rights of debt collectors, contact a Minneapolis bankruptcy lawyer from our offices. We look forward to helping you.
The first thing you should do when debt collectors contact you is request a proof of debt. They are required to show you owe the money they are claiming. This document should have your signature verifying you applied for the debt. If you dispute that you owe any part of the debt, a collector must stop trying to collect until he or she has proved you owe what is being claimed.
If the debt is over 3 years old, check the debt against the statute of limitations for that type of debt. If you pay a debt that is beyond the statute of limitations, you reset the clock and will need to repay it all. If you do not pay a debt once it is past the statute of limitations, the debt is void.
Debt collectors are prohibited from using any of the following methods:
- Harassment: Debt collectors cannot publish lists of non-paying debtors or threaten debtors with violence. Additionally, the collectors may call, mail or fax people who owe money, but they may only make calls between 8 AM and 9 PM unless the debtor has agreed to other hours to be contacted. Collectors cannot use foul language or contact you more than three times a week.
- False statements. Debt collectors cannot claim to represent attorneys, credit bureaus or the government. They must tell you if a document is or is not legally binding.
- Unfair practices. You cannot be expected to pay more than you owe on your debt. Debt collectors cannot threaten to take your property.
If you feel a debt collector is acting outside the boundaries set by the law, contact a Minneapolis debt relief assistance lawyer to help you file a complaint with the Federal Trade Commission and the State Attorney General Office. In certain cases, you may even be able to file a civil suit against the debt collector and win punitive damages.
Even if the debt collectors are following all applicable laws, their calls may still be nerve-wracking or annoying. Once you have hired a Minnesota debt relief assistance attorney, the collectors must contact you exclusively through your attorney. This will provide you with a stress-free environment where you can work to pay off your debts.
If you feel you can’t afford to pay off the debts you owe, contact a Minneapolis bankruptcy attorney. We can help you figure out a workable solution for your debts.