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Being hounded by creditors? Know some basics of the FDCPA Atlanta, GA

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Being hounded by creditors? Know some basics of the FDCPA

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If you are dealing with debt, there is a very good chance that you are being called and sent letters from creditors demanding payment. These communications don’t necessarily happen as soon as you have missed a payment or two, but it can soon seem like every call or letter you receive is from a collections agency.

People in this situation are often very frustrated, stressed out and scared. Collections agents can be very aggressive, unsympathetic, demanding and even rude when they are trying to collect debt, and these tactics can be effective; they can also be unlawful in some cases. If this sounds like a position you are currently in, you should understand a few basic protections that you have when it comes to interactions with creditors.

The Fair Debt Collection Practices Act was put into place to establish fair and lawful means of collecting debt from consumers. Under the terms of the FDCPA, there are clear lines drawn between what can and cannot be done.

  • Communications: Collections agents are prohibited from calling or contacting a person at unusual times or inconvenient places, which includes late-night calls or even calls at work in some cases. They are also required to send the consumer a letter informing the person how much is owed, to whom the debt is owed and that he or she has the right to dispute the debt within thirty days.
  • Language: Debt collection agents are prohibited threatening consumers with violence or harm. Use of obscene or profane language is also explicitly prohibited by the FDCPA. It is also unlawful to purposefully contact a person with the intent to annoy or harass.
  • Legitimacy: It is a violation of the FDCPA to mislead consumers or engage in fraud. This could include lying about how much debt is owed, fabricating potential consequences for not paying or falsifying documentation.

These are only a few of the basic protections included in the FDCPA; there are numerous others that clearly outline what behaviors are prohibited and what must be communicated with consumers. However, many people don’t necessarily have a thorough understanding of these laws and protections. If you are in the position of having to deal with creditors, it can be wise to make notes of the interactions and discuss your situation with an attorney.

Posted on behalf of Gingold & Gingold

1718 Peachtree St NW, #385
Atlanta, GA 30309

Phone: (404) 685-8800

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Jack L.

They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

All C.

Mr. Gingold was recommended by an attorney I had worked with previously. I met with Ira Gingold to discuss credit issues. He went over each specific issue thoroughly. He advised me of the potential outcomes. He did all this in one meeting for a very reasonable price. When we finished I was confident in moving forward with a resolution. He definitely wants to help people take the appropriate course of action for their circumstance.

Karen B.

Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

Lyla B.

I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

Julie T.

Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

Sherard W.

I cannot say enough about this law firm. From the initial consultation to our discharge, the entire office kept me updated with every step of the entire process. I came to the Gingold after a bad experience with another law firm. Ira and Jamie immediately began treating me like family through this experience. In the end, they assisted with eliminating many debts including my 2nd mortgage. I cannot say enough about the experience and knowledge that Ira brought to the table from the office visits to the court time. Thank you very much for helping me through this tough time. Thank you.

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