My name is John Watts, and I’m an Alabama consumer protection attorney. Even though we don’t really do bankruptcy, it’s a topic that we are asked about fairly often.
Welcome to a new series of articles and videos on the actual text of the FDPCA (Fair Debt Collection Practices Act) which is found at 15 USC Section 1692.
We will still continue to do normal articles and videos but it is good to go to the literal text of the law to make sure we understand it. Then when we review case decisions they will make more sense having read the actual law.
This law is so powerful as there are many abusive debt collectors out there. You need to know your rights so you can take action to stop the abusers.
One of the worst types violations that we see debt collectors make is when they do a “Third Party Disclosure.”
So you’ve been in a car wreck, and you know the other side has insurance. Maybe it is State Farm, Allstate, Geico, etc.
So you are dealing with a debt collector and you tell the collector that you dispute the debt.
Debt collector says:
You can only dispute the debt if you prove to me that the debt is not yours.
This is a question that we’re asked several times a month, and it’s a good question.
Maybe you’ve gotten a letter or a phone call from a debt collector, or maybe you’re being sued by a debt collector, and they’re threatening to garnish your wages.
This is a “bonus” article/video to our series on debt collection lawsuits in Alabama by debt buyers.
So why do we sometimes send you an email and let you know there has been a motion to continue filed?
Alabama Consumer Law Blog