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Tarry Law Firm, L.L.C.
Serving Southeastern Missouri For 15 Years

Cape Girardeau Bankruptcy Blog

But they can’t do that: What can—and can’t--debt collectors do?

Years ago, in the 1970s, our federal government codified the Fair Debt Collection Practices Act (FDCPA). The idea was to help consumers who had outstanding bills avoid harassing or bullying tactics from collection agencies trying to obtain payment.

Where before, virtually no rules were in place for debt collection shenanigans, now there would be parameters—and punishment—for collection agencies that went too far. Calling someone at work was taboo, calling early in the morning or late at night was verboten, threatening legal action they had no intention of taking was forbidden.

Fair debt collection: Creditor Harassment and Bankruptcy

For years consumers have enjoyed the protection of the Fair Debt Collection Practices Act. Codified in 1977, the Act outlines very specific rules debt collectors can use—and those they cannot—in order to collect money owed to the original creditor.

For example, say you owe Sears $700.00 for that emergency refrigerator purchase. But two months into payments, you lose your job. Before you know it, within months, you have completely defaulted. Sears calls you—but to no avail, because, as they say, you can’t get blood from a stone and you simply do not have the money to pay them.

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