Fair Debt Collection
Practices Act (Section 811)
Section 11 of the Fair Debt Collection Practices Act
directly impacts how debt collectors can and cannot take legal
action against an alleged debtor. This provision of the Fair
Debt Collection Practices Act is extremely crucial because debt
collection companies would file a lawsuit against you in the
next state and force you to appear three hundred miles from
your residence, if the law allowed it. This provision prohibits
debt collectors from abusing a consumer’s legal rights.
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SECTION 811 -- Legal Actions by
Debt
Collectors
Section
811 provides that a
debt collector may sue a
consumer only in the judicial
district where the consumer
resides or signed the contract
sued upon, except that an
action to enforce a security
interest in real property which
secures the obligation must be
brought where the property is
located.
1.
Waiver. Any
waiver by the consumer must
be provided directly to the
debt collector (not to the
creditor in the contract
establishing the debt),
because the forum
restriction applies to
actions brought by the debt
collector.
2.
Multiple
defendants.
Since a debt collector may
sue only where the consumer
(1) lives or (2) signed the
contract, the collector may
not join an ex-husband as a
defendant to a suit against
the ex-wife in the district
of her residence, unless he
also lives there or signed
the contract there. The
existence of community
property at her residence
that is available to pay
his debts does not alter
the forum limitations on
individual
consumers.
3.
Real estate
security. A debt
collector may sue based on
the location of a
consumer's real property
only when he seeks to
enforce an interest in such
property that secures the
debts.
4.
Services without
written
contract. Where
services were provided
pursuant to an oral
agreement, the debt
collector may sue only
where the consumer resides.
He may not sue where
services were performed (if
that is different from the
consumer's residence),
because that is not
included as permissible
forum location by this
provision.
5.
Enforcement of
judgments. If a
judgment is obtained in a
forum that satisfies the
requirements of this
section, it may be enforced
in another jurisdiction,
because the consumer
previously has had the
opportunity to defend the
original action in a
convenient
forum.
6.
Scope. This
provision applies to
lawsuits brought by a debt
collector, including an
attorney debt collector,
when the debt collector is
acting on his own behalf or
on behalf of his
client.
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- Fair Debt
Collection Practices Act - 801
Remember, I told that the Fair Debt Collection Practices
Act was a short read. Well Section 801, called the Short
Title is barely one paragraph. However, it sets the stage
for how debt collectors can and cannot contact you and
starts the process to help you properly deal with your
debts.
- Fair Debt
Collection Practices Act - 802
Section 2 of the Fair Debt Collection Practices Act focuses
on putting a stop to abusive, deceptive, and unfair debt
collection practices and tactics used by many debt
collectors. You should NEVER bow down or cower under to
pressure from any debt collector! You have rights, learn
how to enforce them.
- Fair Debt
Collection Practices Act - 803
Section 3 of the Fair Debt Collection Practices Act focuses
on defining terms and clarifying definitions such as debt,
debtor, creditor, overdue obligations, debt collector and
more. This step is critically important especially when you
are talking about paying and collecting debts.
- Fair Debt
Collection Practices Act - 804
Section 4 of the Fair Debt Collection Practices Act focuses
on how debt collectors are governed by law concerning how
they acquire information on a debtor’s whereabouts. Prior
to this law, (and even after it was signed into
legislation) many debt collectors would set about to
embarrass, scare, coerce, browbeat and harass...
- Fair Debt
Collection Practices Act - 805
Section 5 of the Fair Debt Collection Practices Act deals
with the parameters of how debt collectors can and cannot
contact debtors. Without this vital section of law in
place, rest assured - debt collectors would be calling you
24 hours a day, at home, on your job, and even at the homes
of your family members, friends and relatives.
- Fair Debt
Collection Practices Act - 806
Section 6 of the Fair
Debt Collection Practices Act deals putting a stop to
abusive and harassing tactics used debt collectors and debt
collection companies. Prior to this section of the Fair
Debt Collection Practices Act, debt collectors would use
obscene, profane, or abusive language in an attempt to
collect on past due bills.
- Fair Debt
Collection Practices Act - 807
Section 7 of the Fair Debt Collection Practices Act
addresses the tactic of using false and misleading
information to collect debts. Debt collectors still use
deceptive schemes such as falsely persuading debtors into
believing their wages are about to be garnished or their
assets are about to be repossessed in order to coerce them
into making payments.
- Fair Debt
Collection Practices Act - 808
Section 8 of the Fair Debt Collection Practices Act
addresses unconscionable acts by debt collectors designed
to embarrass and shame people who owe money. These mean
spirited debt collectors use embarrassing tricks such as
mailing transparent envelopes and postcards with account
information about the debtor in plain view to any and
everyone who sees the mailing.
- Fair Debt
Collection Practices Act - 809
Section 9 of the Fair Debt Collection Practices Act
addresses the issue of confirming if the debtor in question
actually owes the alleged debt. If the step wasn’t in place
we would literally fall back in time to the days of the
wild wild west, when people were falsely accused of a
crime, arrested tried and convicted based solely upon
suspicion/intuition.
- Fair Debt
Collection Practices Act - 810
Section 10 of the Fair Debt Collection Practices Act
eliminates a tremendous amount of debt collection smoke
screens, subterfuge and bait and switch tactics. Let’s say
a debt collector contacts a person who has multiple
accounts assigned to them by the debt collection
company.
- Fair Debt
Collection Practices Act - 811
Section 11 of the Fair Debt Collection Practices Act
directly impacts how debt collectors can and cannot take
legal action against an alleged debtor. This provision of
the Fair Debt Collection Practices Act is extremely crucial
because debt collection companies would file a lawsuit
against you in the next state and force you to appear three
hundred miles from your residence, if the law allowed
it.
- Fair Debt
Collection Practices Act - 812
Section 12 of the Fair Debt Collection Practices Act
prohibits any party, (i.e., debt collector, creditor, etc.)
from designing and furnishing forms, knowing they are or
will be used to deceive a consumer to believe that someone
other than the creditor is collecting the debt.
- Fair Debt
Collection Practices Act - 813
Section 13 of the Fair Debt Collection Practices Act sets
the parameters for placing debt collectors and debt
collection companies on notice. That means if they violate
any portion of the Fair Debt Collection Practices Act, they
have just subjected themselves to civil liability.
- Fair Debt
Collection Practices Act - 814
Section 14 of the Fair Debt Collection Practices Act pretty
much details who is responsible for enforcing the FDCPA. No
debt collection company or debt collector wants to find
themselves on the opposite end of this stick.
- Fair Debt
Collection Practices Act - 815
Section 15 of the Fair Debt Collection Practices Act
actually deals with reporting and assessing the
effectiveness of the FDCPA and how debt collection
companies are complying with the rules set forth by the
FDCPA.
- Fair Debt
Collection Practices Act - 816
Section 16 of the Fair Debt Collection Practices Act makes
a very great consideration for the consumer/debtor. When a
particular state has laws enforce to protect debtors and
those laws are equal to or greater than the Fair Debt
Collection Practices Act, those laws preempt the
FDCPA.
- Fair Debt
Collection Practices Act - 817
Section 17 of the Fair Debt Collection Practices Act gives
the states with debt collection laws enforce the right to
enforce those laws. But that provision is only available if
that state’s laws are similar to or better than the Fair
Debt Collection Practices Act. If not, the FDCPA takes
effect.
- Fair Debt
Collection Practices Act - 818
Section 18 of the Fair Debt Collection Practices Act pretty
much acknowledges the day FDCPA officially became an
enforceable law. That was the day debt collectors across
the nation all took a collective gasp for air.
Joel Marks has been helping people get
out of debt and avoid both bankruptcy and foreclosure for over
fifteen years. Utilizing savvy debt counseling, debt management
programs, Federal laws and a team of attorneys, debt
counselors and advisors, he has quietly assisted thousands come
from under the heavy burden debt.
For more information on this topic or any other issue
related to getting out of debt, living debt free, debt
management, debt relief, the Fair
Debt Collection Practices Act and stopping debt
collectors in their tracks, please visit www.DebtErasure.com
Source: http://debterasure.com/
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