How FDCPA Violations Can Get You Free Bankruptcy Discharge

The FDCPA or Fair Debt Collection Practices Act is a federal law that dictates exactly what creditors can do to collect on a debt and what they cannot do. As a debtor, you have the right to understand the laws that creditors must follow. If they do not do so, and you file bankruptcy, the bankruptcy court may rule that the violator must pay for your bankruptcy discharge to occur. This is rare, but it can happen especially in situations where the violator has been warned and continues to pursue you for the debt in an improper manner. If you believe this has occurred to you, contact an attorney.

How Creditors Violate FDCPA

FDCPA laws are not new to creditors. In fact, most creditors are counting on the fact that you do not know about them and therefore they can take advantage of the situation. If a creditor calls you and violates any of these laws, gather his or her name, who he is working with and any other information describing the incident and contact your attorney. Some of the violations the creditor may make include:

• Asking you to pay more money than you owe towards the debt
• Calling you before 8 a.m. or after 9 p.m. (Your time, not their time)
• Using any type of abusive language, including threats, profanity or obscene language
• Calling you repeatedly or even continuously
• Asking you to pay any type of expenses, including interest or fees that are in violation to the laws of your state or the federal government
• Threaten to take action against you that the creditor cannot take or is unlikely to take
• Use any type of threat of violence, perceived or otherwise, as a way of getting you to repay your debt
• Calling you at work when you have instructed the creditor not to do so

In short, the FDCPA requires creditors to handle your account with dignity and without any type of threats against you. If the creditor does not do this, or violates any other laws while trying to collect a debt from you, the debt may be thrown out and you may no longer have to pay for it. If the creditor violates these laws during bankruptcy, it may be possible for the creditor to pay your discharge costs.

Hire an Attorney

In order to properly document and file a report with the court over FDCPA violations, use an attorney. The attorney will ensure that the creditor faces the terms he or she is required to.