Wednesday, April 10, 2013

FDCPA Offers Protection From Harassing Creditors

The Federal Trade Commission released a study on January 30, 2013, discussing the shady actions harassing creditors take to unfairly collect debts. Many of these debts are usually from credit cards and can be discharged if the debtor files a Chapter 7 bankruptcy. The FTC found that debt buyers, usually collection agencies or law firms who have bought the debt from the original creditor, often lack basic information about the debt they are trying to collect. Many times they do not even know if the debt is valid, whether the consumer has disputed the debt or even when the statute of limitations has run on the debt. The FTC requires that creditors have a reasonable basis for believing a debtor lawfully owes the debt they are trying to collect on, yet some creditors cannot even establish that much when they file judgments against debtors! The FTC concluded that the Fair Debt Collections Practices Act (FDCPA) should be updated to better protect debtors from unscrupulous debt collectors. In the meantime, if you are considering filing for bankruptcy and are receiving harassing communications from creditors who may not even have a legitimate claim against you, remember filing for bankruptcy will stop the harassment and allow you time to scrutinize your debts. If you are considering filing for bankruptcy you will be addressing many issues concerning protection from creditors and should consult with an experienced bankruptcy attorney immediately in order to protect your rights. For more information on how to protect yourself from creditors, foreclosure, other consumer debt or bankruptcy law matters in New Jersey visit TheNJBankruptcyAttorney.com. This blog is for information purposes only and in no way is intended to replace the advice of an attorney regarding your specific matter. We are a Debt Relief Agency. We help people file for bankruptcy relief.

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