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Vermont Bankruptcy Services

Law Office James Palmisano
417 Barre Street
Montpelier, Vermont 05602
Phone: (800) 585-3169
Phone: (802) 229-4001
Fax: (802) 229-2733

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.:Fair Debt Collection Practices Act (FDCPA):.

There are laws that restrict what debt collectors can and cannot do. If they break any of these rules, you can file suit.

As your debt gets larger, the debt collection business becomes more lucrative. Debt collectors will sometimes go to extreme lengths to get money from you. But they are barred by the Fair Debt Collection Practice Act (FDCPA) from doing any of the following:

  • Calling you before 8 a.m. or after 9 p.m.
  • Contacting you after they receive a letter from you telling them to stop
  • Contacting you where you work, after being told not to do so
  • Lying about the debt or using deception in any way
  • Putting your name or address on a "bad debt" list
  • Adding extra fees or charges that are not provided for by law
  • Threatening to arrest you or take any other legal action that is not actually possible
  • Verbally abusing you with profanity
  • Telling your friends or family about your debt -- they are only allowed to tell your spouse and attorney
  • Putting false information on your credit report  or threatening to do so
  • Filing lawsuits in jurisdictions besides the one in which you live and / or signed relevant contracts

You do not have to withstand any of the above treatment. You may send a letter to the debt collection agency. The letter should stop them from contacting you any more. 

Aggrieved consumers may also file a private lawsuit in a State or Federal court to collect damages (actual, statutory, attorney's fee and court-costs) from third-party debt collectors. The FDCPA is a strict liability  law, which means that a consumer need not prove actual damages in order to claim statutory damages  of up to $1,000 if a debt collector is proven to have violated the FDCPA. The collector may, however, escape penalty if they can make a convincing argument that the violation or violations were results of "bona fide  error."

.:Bankruptcy Option:.

Of course you can also file for bankruptcy . As soon as you file, you will immediately be freed from all creditor harassment.

 

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