Creditor Harassment Miami

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About Creditor Harassment Miami

Many individuals have been facing financial hardship one way or another during the last few years throughout the United States. As a result, creditors do not receive the payments they require. Being in debt and in the management of collection is stressful enough. But when creditors begin sending letters, making harassing phone calls, and even threats, it can be downright scary. It is important that you know your rights and take quick action to enforce them.

Fair Debt Collection Practices Act (FDCPA)

This is a constitution of laws created in 1977 to help consumers harassed by offensive collection agents. Whether it is nonstop phone calls, aggressive letters, or being unfairly accused of owing money, the FDCPA was approved to enforce that no customer put up with any of it and have an opportunity to manage their bills in a civil manner.

The act follows guidelines which regulate the conduct of debt collectors and delineates the consumer’s rights affected by the debt collectors. In the same way, the act penalizes any violations of its regulations. It is important to note that the FDCPA defines consumer and debt as to personal or family. The act does not recognize consumer debts owed by businesses or individuals as business purposes.

In addition to providing a process for disputing the charges, the FCBA provides the following protections:

  • A company may only charge late fees if at least 14 days after the due date of the payment. If not, you can dispute late fees associated with that payment have passed.
  • The credit card company should credit the payment on the business day it is received.
  • If your credit card has an overpayment, your credit card company must refund promptly the balance if this is more than a dollar.

The Fair Credit Billing Act (FCBA)

Protects all users of credit cards and department store cards of false charges, double charges, mathematical errors in their statements and address changes that can cause payments arriving late. It gives the consumers the right to make a late payment without any dues or negative credit report, if there was one of these situations.

To obtain protection under the FCBA, you must mail a written dispute to the billing address of your credit card company, which is usually different from the one for payments. In addition, the dispute notice must reach them within 60 days of receiving the invoice with questionable charges, so it is advisable to use certified mail or some sort of traceable service like FedEx or UPS. The credit card company must then recognize the dispute within 30 days, and completely clarify it within two billing periods. If they fail to comply with the FCBA, the individual can sue this creditor for damages and claim compensation for twice the financial burden of payment and legal fees.

Restriction of the Embargo Law

The maximum amount you can get out of each pay check will be less than 25 percent of the disposable income or the amount by which the wages exceed 30 times the federal minimal wage. This boundary is increased to 50-65 percent in some cases of child support and alimony. The maximum was reduced to 10 percent for certain federal student loans in default. Employers are not permitted to fire an individual because of a debt owed to a creditor, as long as the action just happens to be a garnishment. However, if the liens are sorted by two or more debts, the restriction of the Embargo Act does not prevent an employer from dismissing an employee. This is one more reason to communicate with the creditors and work hard to keep the debts outside of work.

Truth in Lending Act (TILA)

This is a U.S. federal law created in 1968. It was intended to protect the consumer in regards to the use of credit by restricting the garnishment of wages, providing the possibility of credit transaction cancelation, which may include a claim on the principal’s residence. It also manages some practices by credit card companies.

Bankruptcy Attorneys against Creditor Harassment Miami

Going through a financial crisis can be stressful and difficult to handle without professional help. It’s a complex process that requires the help of a bankruptcy attorney. Oftentimes, the only option available is filing for bankruptcy. This can help solve a lot of problems and lay the foundation for a more financially stable future.

Lawyers are very familiar with the bankruptcy process and all that it entails. They know Florida laws and how they can be applied to each specific case. Bankruptcy attorneys can help you avoid unnecessary waiting time and also avoid common errors on legal forms. Hiring a bankruptcy lawyer from Gallardo law Firm can speed up the whole process and help you restore your economy with fewer complications involved.

Act Fair Debt Collection Practices (FDCPA) allows you to take legal action against debt collectors who illegally intimidate you, call you at odd hours, make false allegations about debts, and any other acts prohibited by law. 
You do not have to argue anything with a collector unless you want to. You are not mandatory to answer the phone. You are not mandatory to talk to a collector. You are not mandatory to answer questions of collection. You do not need to tell the truth about your financial affairs. It is necessary to recognize that you owe money. This is very important if you are claiming an old debt. If you recognize the debt, this could actually extend the length of time that the collector can be sued for it.
You can receive up to $ 1,000 per case. You can sue for statutory, punitive and actual damages for stress-related injuries and others.
Yes, Many of these attacking and ruthless companies call to tell your employer about your debt, use putrid language, threaten to put him in jail or claim to be a police officer or Federal employee. All these actions are illegal and violate the FDCPA.
A creditor may only contact you between the hours of 8:00am and 9:00pm.
The creditor must show proof that you have the debt within the period of time that you were contacted. If the accusation is untrue and the creditor continues to intimidate you, you can contact a law firm to obtain effective legal aid.
They are, but with restrictions. If you tell them in writing that they are not allowed to contact you at work, then they cannot. If they do it, it is a violation of the law. They may not discuss your debt with your employer in any way.