Public Law 95-109 (PL 95-109) or the Federal Fair Debt Collection
Practices Act (FDCPA)was enacted by US legislators to ensure consumers
are dealt with fairly and are not harrassed. However, the law was not
intended to be used by consumers to duck their legitimate
responsibliltites.
If a debtor disputes the validity of a debt, the debt collector is
restrained from making further demands to the debtor until the dispute
is verified by the credit grantor. The collector is free to pursue the
debt once the debt has been verified. However, there is another part
of 95-109 that says a collector may no longer communicate directly
with a debtor once it is known he is represented by an attorney.
In both cases, if the debtor continues to dispute the account, the
collector has choices to make. The most common two ways of dealing
with a disputed debt after verification is to 1)report the debt to
credit bureaus and 2) to litigate the dispute before the courts to
determine who is the prevailing party. However, the FDCPA does not
regulate post court filing and especially post judgment procedures.
For more information on PL 95-109 check with MasTon Capital - Debt
Collectors at http://www.MasTonCapital.com their Chairman Emeritus
Tony Inocentes, Sr stands alone in the U.S. as a truly full rounded
credit and collection expert. The other 2 guys with his credentials
are retired and in there late 70's! I have learned alot from him
myself. For the type of site you are trying to build you are going to
want his input. You can also check his bio at this link
http://www.Chemeria.com/TonyInocentes.html |
