Are There Time Limits on My Debts?

http://youtu.be/YhGNiofkzaA

We recently blogged about the time limits consumers have to bring actions against harassing or abusive debt collectors.   Well, time limits similarly exist regarding how long debt collectors have to bring lawsuits against consumers for failure to pay a debt.   Unfortunately, many consumers are unaware of these time limits.   Although debt collectors may not be able to sue on a time-barred debt, they can still ask a consumer to pay it.   Further, there are several factors that might even extend the time limits on a particular debt.   The video by ABC news discusses how some debt collectors use time-barred debts, among other methods, to try to get money from consumers.   An attorney can help you determine whether you debts are time-barred or still available for collection.   -Meredith Phillips (205) 912-8244

-Blankenship Harrelson, LLP
www.bhattorneysllp.com

Isn't Everyone Who Calls to Collect a Debt a "Debt Collector"?

The Fair Debt Collection Practices Act protects consumers from abusive collection conduct of debt collectors.   But, isn’t everyone who calls to collect a debt a "debt collector"?   Not necessarily.   The Fair Debt Collection Practices Act defines a debt collector as any person whose main business is collecting debts or who regularly collects debts owed to another person.   However, creditors who collect their own debts are exempted from the Act's definition of "debt collector" and therefore exempted from the prohibitions of the Act.   However, while they may have more leeway in collecting debts, creditors do not have free reign to abuse consumers.   Legal theories such as invasion of privacy may help protect consumers by requiring creditors’ debt collection conduct to be reasonable as well as reasonably related to legitimate collection efforts.   Conduct which includes threats, name-calling or harassment may not be considered “reasonable” and may therefore expose a creditor to liability.   An attorney can help you determine whether a creditor’s debt collection efforts are actionable or not.   -Meredith Phillips (205) 912-8244

-Blankenship Harrelson, LLP

www.bhattorneysllp.com

Understanding Your Credit Report

Creditors and debt collectors are allowed to report a consumer’s unpaid debts to their credit report under certain circumstances. However, a credit report may include several different debts and be confusing to understand. If you feel that your credit report includes debts that are listed in error or that the same debt is listed multiple times, an attorney can help you decipher your credit report and make sense of the confusion.  An attorney can also see if you have suffered credit reputation damage and are eligible for compensation.  Call us if we can help you.    -Meredith Phillips (205) 912-8244

-Blankenship Harrelson, LLP

www.bhattorneysllp.com

Debt Collection Calls from an Attorney

Debt Collection is often conducted by companies or agencies whose principal business is collecting debts for others. However, debt collectors can also come in the form of individuals—including attorneys. The FDCPA explains that a “debt collector” can be any “person” who regularly collects or attempts to collect debts for others or uses interstate commerce or mail in any business for which the principal purpose is collection of debts. FTC commentary on the FDCPA as well as various courts have explained that the FDCPA’s definition of debt collector may extend to attorneys whose business generally includes collecting debts for others. In these instances, attorneys would be subject to the same FDCPA prohibitions as debt collection companies. If an attorney has taken any prohibited action while attempting to collect a debt from you, you may be entitled to relief under the FDCPA.    -Meredith Phillips (205) 912-8244

-Blankenship Harrelson, LLP
www.bhattorneysllp.com

Keep Copies of Your Records

It may seem like a simple thing to do, but when dealing with creditors, debt collectors, etc., one of the most important thing consumers can do is keep records of phone calls, letters, and any transactions with these entities.   Keeping a copy of these types of records can keep consumers aware of their financial relationship with these entities and can help remedy errors which may occur in the future.    -Meredith Phillips  (205) 912-8244

-Blankenship Harrelson, LLP