How Do I Know If My Debt Collector is Violating the FDCPA?
If you owe money to a debt collector, it is important that you know what to do in order to protect yourself and make sure that they are abiding by the law. In California it is a legal requirement for anyone who collects debts to have a proper state license. Anytime that they fail to do so they are guilty of conducting business in a fraudulent manner. This means that they are making an unfair and deceptive to promise to collect debts and if you ever go into an agreement to pay them without knowing the full extent of what it will cost you then you may be in violation of the law. It is also against the law to work for a debt collector on a contingency basis.
The first thing that you need to understand about debt collectors is that they are people who are not part of the law and are on their own for doing what they feel is right. You can tell if the debt collector has been hired because they will always have a list of bills that they are owed for and it may be different from the list that they give you. They will also call you on your birthday or other days and try and get all your future bills ready for repayment. They will often threaten you with court action and many times this does not actually occur, but it is the message that they are sending.
You should keep in mind that it is your responsibility to pay your debts on time. There are laws in place to protect you from harassment, false arrest, and violence. If you owe money to someone and they are threatening you or telling you that you owe them money then you have the right to take them to court. Remember that if the debt collector is threatening you then they are violating the Fair Debt Collection Practices Act, which was why you signed the form with them. So if you are ever in a situation where you feel that you owe a certain amount of money and the debt collector is threatening you or if they are actually harassing you then you have every right to take them to court.