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Denver Lawyer Clark Daniel Dray

Dealing with Debt Collectors

Debt Relief Attorney Serving Colorado

 

what can debt collectors do to you

Bankruptcy may appear to be a scary process, but it does not have to be. Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. You may be able to apply for one of many different types of bankruptcy, each of which accomplishes various aims, depending on your specific situation.

We at Dray Legal Office are well aware of the enormous stress that financial difficulties may cause. We’ve helped tens of thousands of people not only get through bankruptcy but also get the financial independence they needed to go on with their lives.

Our legal team in Colorado is dedicated to assisting decent individuals who have fallen on hard times. We apply our significant legal knowledge and resources to create unique and successful legal strategies customized to each client’s specific needs. We work hard to ensure that our clients have a thorough understanding of their legal alternatives to make informed financial decisions for themselves and their families. In this article we will answer the question: What can debt collectors do to you?

Does Colorado Law Protect Me From Debt Collectors?

When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. The Fair Debt Collection Activities Act (FDCPA) is a bill collection legislation that protects you against invasive and abusive collection agency practices, including calling you late at night, shouting at you, and attempting to collect a debt you don’t owe.

Some states, such as Colorado, have laws that protect customers against debt collectors. You have rights to help you gain control over your debt collection interactions. To learn more about pursuing your legal rights, contact your state’s local consumer agency. The Colorado Fair Debt Collection Practices Act (CFDCPA) provides consumer safeguards to Colorado citizens, and we’ll go through them here.

What is the Federal Fair Debt Collection Practices Act (FDCPA)?

It is prohibited for debt collectors to utilize unfair techniques, harass, or deceive consumers while seeking to collect consumer debts under the federal Fair Debt Collection Practices Act (FDCPA). The Fair Debt Collection Practices Act (FDCPA) applies to collection firms and debt collectors attempting to recover consumer debts. Consumer debts include credit card debts, vehicle loans, medical costs, and school loans. The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations.

The collection agency and the individual debt collector can be sued for damages and legal expenses if they violate the FDCPA. A lawsuit for a breach of the FDCPA must be brought within one year of the violation by the debt collector.

What debt collectors aren’t allowed to do under the FDCPA:

  • Call or send letters, emails, or text messages to you to collect a debt before 8 a.m. or after 9 p.m. unless you agree
  • Contact you at work if you tell them you’re not allowed to get calls at work
  • Discuss your debt with anyone but you or your spouse
  • Contact you if an attorney is representing you
  • Harass or threaten you or use profane language
  • Repeatedly call you

What can debtor collectors do to you under the FDCPA:

  • Contact other people to find out where you live, your current telephone number, or where you work, but they can’t contact anyone more than once or tell anyone you owe a debt
  • Contact you at work if you don’t tell them they’re not allowed to
  • Call or text you to collect a debt between 8 a.m. and 9 p.m.
  • Contact you directly if you don’t have an attorney

How the State of Colorado Protects Its People From Debt Collectors?

Colorado has enacted several rules to protect its inhabitants from debt collection abuse and unjust treatment. Debt collectors and collection agencies are subject to the Colorado Fair Debt Collection Practices Act (CFDCPA). The CFDCPA does not apply to anyone who collects their debts or government personnel in the United States. The Fair Debt Collection Practices Act (CFDCPA) provides customers with specific legal rights and controls collection agencies’ techniques to recover debts.

Because it is more limited than the federal FDCPA, the CFDCPA gives consumers stronger legal protection in several aspects. Here’s how:

  • It requires collection agencies in Colorado to be licensed to solicit, collect, or try to collect debts.
  • It mandates that debt collectors post a bond to pay the amount owed to the creditor for whom they are collecting.

The CFDCPA also forbids debt collectors from collecting or attempting to collect a debt in an unfair or unconscionable manner. Examples of unfair practices include but are not limited to:

  • Collecting more than the creditor agreement expressly permits
  • Depositing or threatening to deposit a postdated check before the cheque’s expiration date
  • Taking or threatening to seize a Colorado resident’s property without legal authority

What is Colorado Uniform Consumer Credit Code (Colorado UCCC)

The Uniform Consumer Credit Code (UCCC) is a Colorado state legislation governing how consumer credit is handled. Consumer credit transactions are governed by the UCCC, which is a code of conduct. Lenders, creditors, finance businesses, and payday lenders are all required by the UCCC to inform consumers about the cost of credit so that they can shop around for the cheapest rates. It also establishes maximum interest rates and fees for all forms of consumer financing.

The UCCC covers payday loans, vehicle loans, second mortgages, state-issued credit cards, and signature loans. However, the UCCC does not cover all consumer transactions. Except for requirements that lenders disclose the cost of credit and provide customers with limited legal remedies if the UCCC is breached. The UCCC does not cover first home mortgages and refinancing loans.

Which States Have the UCCC

While the UCCC has not been implemented statewide, it has been adopted in part or in whole in several jurisdictions to protect credit users from deceit and fraud. The limitations in Colorado’s UCCC are identical to those in the federal FDCPA, except the UCCC also applies to the original consumer lender. The federal Fair Debt Collection Practices Act (FDCPA) does not apply to the actual lender. Colorado, Idaho, Indiana, Iowa, Kansas, Maine, Oklahoma, Utah, and Wyoming are among the nine states that have entirely accepted the UCCC. South Carolina and Wisconsin have adopted Parts of the UCCC.

The Colorado Attorney General’s Office investigates complaints about lenders and creditors licensing non-bank lenders such as finance companies and payday lenders. It takes appropriate disciplinary or legal action when a creditor violates the law through the Uniform Consumer Credit Code Administrator. This office cannot provide legal advice or represent individual customers in debt collection operations. Under the UCCC, consumers can take legal action against debtors.

The Colorado UCCC, in addition to the federal FDCPA, gives additional safeguards to original creditors, third-party debt collectors, and debt buyers. Under the UCC, debt collection agencies aren’t allowed to take part in unfair and unethical debt collection practices such as: 

  • Using or threatening consumers with physical violence
  • Harassing customers by calling them frequently or at odd hours
  • Acting as though they were government agencies
  • Falsely stating the legal repercussions or remedies if a debt remains unpaid
  • Threatening to destroy or ruin a customer’s reputation by publicly disclosing their creditworthiness
  • Communicating with a consumer’s employer about a credit matter unless the creditor is a judgment creditor (in other words, a creditor that has a judgment, like A wage garnishment order, against you).

We Help Residents of Colorado Get the Fresh Start That They Deserve

Dray Legal Office can assist you if you are looking for debt relief. For years, we’ve been helping people, families, and business owners navigate complicated financial issues and regain financial control. Our Colorado bankruptcy lawyers provide a high degree of personal attention and assistance throughout the legal procedure. We are committed advocates for our customers and care about assisting you in obtaining the relief you require to go forward in your financial independence.

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