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Daniel Anaya's Blog

By Daniel Anaya | Real Estate Pro in California
  • FDCPA: They won’t stop calling; When can my creditors legally call me?

    Posted Under: Market Conditions in Miami, Home Selling in Miami, Property Q&A in Miami  |  June 1, 2011 4:50 PM  |  350 views  |  No comments
    Many of our customer’s frequently get calls through out the day and complain that they never stop. Often even while a review continues on their accounts the lender will still continue to call, along with their collection activity (calls, letters, late charges, etc.)  including sending the files to foreclosure until there is a set plan in place at which time the foreclosure is put on hold or is all together extinguished. It seems with all this they still call at inappropriate times and in most cases they are asking for money that isn’t even available to the homeowner at that time there is nothing ever nice about being pressured to pay a debt; This is most of all true when you can’t pay it.

    The Fair Debt Collection Practices Act (FDCPA) sets the rules of engagement for when collectors can call:

    • Calls can be made between 8am and 9pm (Local Time to the Debtor)
    • Calls can be made to your employer unless you have expressed otherwise
    • If a cease and desist letter generally they can make one more attempt to reach you.

    The FDCPA was put together to protect many debtors who are not aware of the laws that surround lender’s ability to collect and therefore consumers were taken advantage of for years until this was put into place.

    Can they call me during Weekends/Holidays?

    The FDCPA doesn’t specify which days of the week collectors can and cannot call so for now they can call just about any day. The FDCPA does allow for protections though that block collectors from communication with you during times “which should be known to be inconvenient.” When a collector calls, if it is a bad time, just let them know and let them know when it would be a better time to call.



    Read More: FDCPA: They won’t stop calling; When can my creditors legally call me? | Mortgage Lender Report http://www.mlreport.com/2010/11/19/fdcpa-they-wont-stop-calling-when-can-my-creditors-legally-call-me/#ixzz1O4UVpLxi
 
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