Florida Debt Collection Defined
Proceeding with Debt Collection
Debt collection is defined as the attempt by one party to collect the debt of another party. Debt collectors include the persons engaging in debt collection activities, their employers, and in some instances lawyers who also attempt to collect a debt. Debt collection ordinarily includes telephone collection calls and the mailing of collection letters. If you need assistance in collecting a debt owed to you, feel free to contact Russell Law for the help you need. Patrick Russell, Esq. , a Florida Debt Collection Lawyer can assist you with your debt collection cases for monies owed, past due contract payments, unpaid loans, worthless checks or the collection of a Florida Judgment awarded to you. We will assess your case and plan a strategy to collect the monies that are owed to you. Demand letters can be sent or your behalf or if your prefer, a lawsuit may be filed first to speed up your claim. If possible, Russell Law can attempt to work out an agreement with the debtor to get you paid under terms and conditions that you approve. Otherwise, we will pursue a judgment on your behalf and if awarded, attempt to collect the same from the debtor. Final judgment collection will require an investigation of the debtor’s assets to identify ways in which you can be paid. Options include levy upon personal assets or real property or garnishment of bank accounts or wages from an employer.
Debt Collection Response
If you are on the other side of a debt collection attempt, you are protected by the Fair Debt Collection Practices Act (“FDCPA”). The FDCPA is a Federal law and the Florida equivalent, set forth proper methods and manners for a debt collector to engage in collection activities. Generally, all debt collection attempts must include a warning and disclaimer that the action is an attempt to collect a debt. Further, this warning and disclaimer must provide you with an opportunity to dispute the debt and obtain written verification of the debt. The laws regulating debt collectors requires that no attempt to collect a debt shall be misleading. As such, collectors are prohibited from demanding the wrong amount or interest and fees that they know that the creditor is not entitled to. Likewise, debt collectors cannot threaten to take action that they cannot legally take (i.e. “have you arrested”, “throw you in debtor’s prison”). Finally, debt collectors are prohibited from harassing you in order to collect a debt. Harassment includes calling you early in the morning, late at night, repeatedly at all hours even after you have demanded that they stop, or calling your employer to state that you are a deadbeat. The foregoing prohibited actions are just a small sampling of the many prohibitions in FDCPA. A violation of the FDCPA allows a debtor to file a lawsuit against the debt collector for actual damages incurred on account of the violation and to recover all attorney’s fees and costs for bringing such a claim. Should you feel that your rights have been violated by an improper debt collection method, please feel free to contract Russell Law for a consultation. Similarly, if you need assistance in responding to a debt collection attempt, Patrick Russell, Esq., a Miami Debt Collection Lawyer can stop the collection calls and letters to you, and work with the debt collector directly to resolve the claim on your behalf.
Florida Debt Collection Resources
Helpful legal resources for Florida Debt Collection include Florida Debt Collection Statutes for links to relevant Florida laws dealing with debt collection in the State of Florida.
