my bankruptcy office. Relief is what the bankruptcy
code provides, and I make a living getting folks and
small businesses that relief from creditor harassment.
The Fair Debt Collection Practices Act (FDCPA) is another avenue that may provide relief from creditor calls and letters.
Though it seems they no longer write letters.
The federal government has yet another agency to help us out, the Consumer Finance Protection Bureau.
And they want to hear your debt collection complaints.
Debt Collection Today
These are the days of outsourcing. Most credit card companies, banks, medical creditors, outsource their bad debt collection.
Now, the FDCPA does NOT apply to original creditors, only to third party collectors or debt buyers who acquire your debt AFTER you are in default, that is, behind.
In the old days, which even I remember, a collection agency, which is paid a commission on whatever it recovers, would write a letter. The letter would tell you who owned the debt, that is, who the money was owed to.
And it had addresses and phone numbers and such, so you could identify who was chasing you.
Nowadays, you get a robocall from Bangladesh. What they want, is your bank account info so they can take money immediately. And they leave no address.
As Gail Buckner says in her article for the website Your Money Matters:
A quarter of a century ago, no one anticipated the rise of fax machines, mobile phones, the internet, email, social media, robo-dialing, eloans and other products and technologies we take for granted today. Although the FDCPA was amended in 1996, it still doesn’t address most of these advancements.
So it is hard to find the SOBs when they do violate the law. I obtained an $8,000 plus judgment for a client, only to find out the collection agency was bankrupt.
I have several more lawsuits I could file, if I could find the bad guy.
Some have only websites, some appear only to have phone numbers.
So, as I review my post, it is a litany of stuff the CPFB is looking for, from consumers.
If you’ve ever been hounded by a debt collector at all hours of the day and night, or had your credit rating wrecked because someone with your same name happened to stiff the bank on a car loan, here’s your chance to sound off.
You have nothing to lose but the time it takes to make the complaint on the web site.
Of course, filing bankruptcy does end most creditor harassment.
Contact me for more information on that alternative.