Georgia Fair Debt Collection Practices Act Handbook

State:
Multi-State
Control #:
US-DCPA-23
Format:
PDF
Instant download

Description

This handbook describes the Fair Debt Collection Practices Act (FDCPA) and discusses how to negotiate with debt collectors and creditors. The handbook is divided into 4 sections. Section 1 briefly describes how consumer credit got started. Section 2 describes how to deal with debt collectors. Section 3 provides a detailed overview of the FDCPA. Finally, Section 4 is a journal for you to use to document your communicatioins with debt collectors.

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FAQ

What are the provisions of the FDCPA?Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.

Original Creditors and Debt BuyersGeorgia does not have any special licensing or bonding requirements for collection agencies, nor does Georgia require licensing or bonding requirements for debt buyers.

The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

Statute of Limitations and Your Credit ReportCollection accounts can remain on your report for seven years and 180 days from the original delinquency. Depending on the type of account and your location, this can be more than or less than the statute of limitations.

In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

Here are five ways the Fair Debt Collection Practices Act protects you and what to do if your rights are violated:You control communication with debt collectors.You're protected from harassing or abusive practices.Debt collectors must be truthful.Unfair practices are prohibited.Collectors must validate your debt.More items...

Most debts in Georgia have a statute of limitations of four years, like medical debt, credit card debt and auto loans. Mortgages have a slightly longer statute of limitations of six years, and any debt you may owe to your state for tax purposes has a statute of limitations of seven years.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.

Designed to a eliminate abusive, deceptive and unfair practices in debt collection without putting reputable debt collectors at an unfair disadvantage. You just studied 10 terms!

More info

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Georgia Fair Debt Collection Practices Act Handbook