If you cannot pay off a debt, it could be sent to a collection agency to try to recover what you owe. While they can contact you to seek repayment for the debt, they are not allowed to harass you or violate your rights.
If you have been contacted by a debt collector in Florida, get in touch with a debt defense lawyer from Loan Lawyers. Our legal team can help you understand your rights and file a complaint on your behalf to stop the harassment.
Debt Collection Statute of Limitations in Florida
Debt collection laws in Florida set a five-year statute of limitations in most cases. This gives creditors only five years to file a lawsuit against you to recover a debt you owe. The time set by the statute of limitations begins on the date of your first missed payment. However, the clock can be paused or reset for various reasons, such as making a partial payment on a debt you owe. After the deadline passes, the creditor will not have any legal grounds to sue you.
How Do I Know If the Collection Agency Is Harassing Me?
Debt collectors have been known to harass debtors by:
- Making threats
- Calling too often
- Contacting their family members
- Lying about the amount they owe
- Verbally abusing them
- Contacting them after they have been told to stop
- Attempting to collect on a debt that has already been discharged or was never owed
However, borrowers are legally protected from harassment by debt collectors. Federal and Florida laws defend debtors from unfair treatment and abusive, deceptive, or fraudulent debt recovery tactics. If you believe your rights as a borrower have been violated, contact a debt collection attorney right away to review your legal options.
How to Deal with Debt Collectors Over the Phone
If you are getting harassing calls from collection agencies, remember that you can always hang up or not answer when the debt collector calls until you’re ready. However, keep the following in mind if you do talk to them:
- Gather information about the collection agency to send a cease-and-desist letter. This includes the agency’s name and mailing address.
- Take notes during your conversation. Be sure to note the date of the conversation, the debt collector’s name, the name and address of the agency they work for, the amount they are attempting to collect, and other relevant information.
- If you don’t recall a debt you owe or suspect the debt collector may be acting fraudulently, have them mail information about the debt to your current mailing address.
- Never agree to pay the debt or admit you are liable for repaying it until you are sure you owe the amount the agency says you do. Remember that some collection agencies will try to collect on a debt even after the five-year deadline has passed.
- Don’t provide any personal information, including employment or financial information. They can use this information against you when trying to recover the amount they say you owe.
Contact a Debt Collection Defense Lawyer for Help Today
Have your rights been violated by a debt collector in Florida? If so, contact Loan Lawyers to find out how we can help. Our Florida foreclosure defense lawyers are committed to finding the best financial solution for our clients. We can advocate for your legal rights to seek the best possible outcome. Call or reach out to us online today for a free consultation.
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