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When FDCPA Hurts Debtors

I'm not an attorney, I am a judgment referral specialist (Judgment Broker). The FDCPA (Fair Debt Collection Practices Act) are the body of laws regulating (and other things) the way one should communicate with their debtors.

FDCPA laws are both a guideline and a code of behavior for those that collect debts. Generally, the FDCPA laws protects debtors from judgment creditors, and offers debtors remedies and rights for all creditor violations.

Just like many laws, the complete set of FDCPA laws are lengthy and hard to read. Some of the most important parts specify that judgment creditors must take care to not disclose to people about the debtor's debt.

You should avoid all forms of improper disclosures. One can inform the debtor's spouse because of "section 805". However, you cannot inform someone's boss the debtor owes the debt, and you cannot write "debt or judgment collector" on envelopes mailed to the judgment debtor, etc.

Another important part of the FDCPA laws specify that you may not threaten (or even mention to your debtor) any actions that you're not legally able and fully ready make happen. For example, you cannot tell a debtor that they might lose their home, unless you really can and will make that happen.

Certain judgment recovery specialists argue that when one buys a judgment and enforces it, they are not a third-party debt collector, and may not have to be concerned following any FDCPA laws.

However, the majority of Judgment Enforcers always follow the FDCPA laws because they are generally common sense, are arguably vague, and the penalties for not following FDCPA laws may be severe.

Also, sometimes what you do and call yourself; doesn't matter, the laws will still apply (often as the complaint of the judgment debtor's attorney) to you, even if you think they do not.

That said, I think the FDCPA laws can hurt judgment debtors, because it can prevent them from "smelling the coffee" and paying, before a more drastic thing happens. The FDCPA laws can hurts the consumers (debtors) the FDCDA was designed to protect.

As an example, some Judgment Recovery Specialist can have the sheriff seize and auction off the judgment debtor's vehicle with no prior notice to the debtor. In certain states, when that is done, the judgment creditor gets the vehicle, and that judgment debtor still has to repay the vehicle loan!

The FDCPA stops one from contacting the debtor and communicating anything remotely like "it would be in your best interest to work out a repayment arrangement with me. If you do not, something very bad will happen to you soon". This can be true, but saying that is considered a "threat" under the FDCPA.

If you tell the debtor "if they don't start paying, you are going to have a sheriff take their car and sell it", the judgment debtor may conceal their vehicle. Often,, such wordings would cause many debtors to arrange a repayment plan to avoid getting their vehicle seized. However, in certain situations, such wordings may be used by the judgment judgment debtor against you, if they allege a FDCPA violation.

Because of the FDCPA laws, Judgment Enforcers are better off by having their sheriff levy their judgment debtor's vehicle some day by surprise, than to use this potential possibility to encourage the judgment debtors to "wake up and arrange a payment plan.

About Author Mark Shapiro :

Mark D. Shapiro - Judgment Referral Expert - <a href="" target="_blank"></a> - where Judgments go to get Enforced!

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Article Added on Tuesday, August 12, 2014
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