Constantly having debt collectors call you is stressful and annoying, and JHPDE Finance I, LLC, is known as being one of the most aggressive companies in their tactics. While you may be tempted to simply change your phone number, there are better ways to get these calls to stop. If you live in South Florida and are being harassed by JHPDE, our consumer debt lawyer provides some tips on how to deal with the situation.
Who is JHPDE Finance I, LLC?
Although many residents of South Florida are harassed by JHPDE, they are based out of Hazelwood, Missouri. They are a relatively new debt collection company, being founded just a few years ago in 2016. According to their website, they also share accounts with JH Portfolio Debt Equities, so these two businesses are associated with each other.
JHPDE has had several complaints filed against them since they were founded. Many consumers have been successful when filing claims against them and have received a settlement pertaining to unfair debt collection practices. This is one remedy you may have if JHPDE has violated the law by harassing you, but you must take certain steps first.
Know When Debt Collectors are Allowed to Call You
Debt collectors do not have free rein when they phone you. All debt collection companies are required to comply with the Fair Debt Collection Practices Act (FDCPA), which dictates what they are allowed to do, and what they are not allowed to do.
Under the Act, debt collection companies cannot contact you about a debt that you do not owe. You have the right to ask JHPDE to verify that the debt is yours, and that is something you should do the very first time they call you. If the company cannot provide that verification, they are barred from contacting you again under the law.
Even without asking JHPDE to verify that you owe the debt, there are certain rules the company must follow if they want to call you. The company cannot call you before 8:00 in the morning or after 9:00 at night your local time. Even though the company is based in Missouri, which is Central Daylight Time, JHPDE must follow the law and cannot call you too early or too late in Eastern Daylight Time. JHPDE also cannot call you constantly, and they cannot call you at a certain time if you have told them it is an inconvenient time for you.
How to Stop Collection Calls from JHPDE
You are not required by law to communicate with JHPDE when they call you. If you do not answer the phone when they call, or you hang up on them once you learn who is calling, the company cannot take any action against you based on that fact alone. However, if you have hung up on them or told them that you did not want them calling you any longer, and they do so anyway, they are in violation of the law.
The simplest way to stop JHPDE from calling you is to inform them that they are only allowed to contact you in writing. Once you have told them this, they are only allowed to communicate with you by sending a letter. Receiving communication from JHPDE works in your favor for a number of reasons. The first, and perhaps most obvious, is that you will no longer have to deal with phone calls from the company. However, only receiving communication in writing can also provide the important evidence you may need when defending your case, or when pursuing a claim against the company.
The best way to stop JHPDE from calling you is to send them a cease and desist letter. Within the letter, you should tell the company to stop contacting you through any form of communication, written or via the phone. It is important to note that while you can send a cease and desist letter to JHPDE, it only applies to them, and not someone that is working on behalf of the company you originally borrowed the debt from.
When JHPDE Calls You About Someone Else’s Debt
There are several reasons why JHPDE may call you about someone else’s debt. It is not uncommon for people to receive calls from JHPDE when they are trying to reach the previous owner of the phone number. You may think that simply telling them they called the wrong number should be enough but too often, it is not.
JHPDE may also call you about someone else’s debt if they are trying to locate someone else. They are allowed to do this under the law, but they can only ask for the borrower’s address, phone number, and employment information. They can only contact you one time, and they cannot provide you with any information about the debt.
Regardless of the reason JHPDE has for calling you about someone else’s debt, you should send them a cease and desist letter, just as you would if the debt was yours. Tell them to stop calling you, and repeat that the debt is not yours. If JHPDE continues to call, you can report them to Florida’s Attorney General, the Consumer Financial Protection Bureau, and the Federal Trade Commission.
JHPDE can contact you one more time after they receive your cease and desist letter. They must do so in writing and they must tell you one of three things. They can tell you that they will no longer try to collect the debt from you, that they may take certain action against you, or that they are taking legal action against you. However, if they tell you that they may take action against you, it cannot be an empty threat.
Call a Debt Defense Lawyer in South Florida
A South Florida debt defense lawyer is an invaluable resource when going up against aggressive collectors such as JHPDE. At Loan Lawyers, we have helped hundreds of clients fight back against this company and others, and we will help you, too. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.
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