QUESTION
when as it become legal for a finance company to come to your home to collect for a bill?
Asked on Jan 29th, 2013 on Debtor and Creditor - Florida
More details to this question:
There is a finance company that I've dealt with for several years I had explained to them my situation (losing my apt & car) they took my po box address & was told to send mail there instead they came to my relative house saying I owe for a bill and how much I owed them in front of his guest. Each time the person would give an envelope without any type of address unless you open it up. I told them to send any mail they have for to my po box. They were sending it there all of a sudden that stop so now they come to my relative's house. My relative gives it to me when I come over.
2 ANSWERS
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
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There has never been a blanket prohibition for a creditor coming to your house to collect a bill. For a variety of reasons, it is typically a terrible idea, as it typically will open the collector to a greater possibility to crossing the line for collections law violations under the Florida Consumer Collection Practices Act. By example, if they disclose info to your relative they may violate the 3rd party disclosure restrictions and it may be viewed as a form of harrassment or intimidation. I do disagree with with the advertisement type response below in part, as the FDCPA (federal law) typically applies only to 3d party bill collectors and not first party companies like car loan lenders, banks, buy here/pay here people, rent to own companies, etc. Fortunately, the FCCPA (the state law) DOES apply to those type ofs people too.
Answered on Feb 05th, 2013 at 9:54 AM
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You have the right to be treated with truth, fairness, dignity, and respect by debt collectors. Any debt collector who crosses the line and abuses you for the collection of a consumer debt can be sued in federal court for damages under a law called the Fair Debt Collection Practices Act (FDCPA).
You have the right not to have Debt Collectors Calling your family, friends, neighbors or employers to collect a debt.
If you have suffered from any of these abusive bill collection practices, you may be entitled to compensation. Moreover, Debt collectors that violate the FDCPA are strictly liable, meaning that a consumer need not show intentional conduct by the debt collector to be entitled to damages.
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Answered on Jan 30th, 2013 at 3:42 PM