KOTLER LAW | Workers Compensation Lawyer

What is a “creditor?”

A creditor is the entity that is owed a debt by a consumer. Some examples are credit cards, stores, auto lenders, mortgage companies, and telephone carriers.

What is a “debt collector” or a “debt collection agency?”

Both terms are commonly referred to as “debt collectors.” A debt collector is any person, company, or business engaged in collecting debts for creditors or the current owners of debts that have been purchased by them from creditors.

What kind of debts are covered under the “Fair Debt Collection Protection Act?”

The Fair Debt Collection Protection Act (FDCPA) covers all personal, family, and household debts. Some common examples are credit card debts, mortgage debt, medical bills, telephone carrier bills, student loans etc.

What is the “statute of limitations” for filing a claim?

The statute of limitations is the time period set by law for claims to be brought in court. Different claims have different time periods.

As it relates to the FDCPA, a consumer has only one (1) year to assert a claim against a debt collector for violating the law. Only those events occurring in the previous 12 months before the date a lawsuit is filed are viable in a court of law. For this reason, we urge people to calls us as soon as possible, to ensure the debt collector will not escape liability for their actions.

How may a debt collection agency contact me?

Unless you tell them not to, or unless they know you are represented by a lawyer, a debt collector can attempt to contact you in person, by mail, email, or telephone.

A collector may not contact you at inconvenient times or places unless you have specifically agreed to be contacted at those times or places. Again, if you inform a collector that you have an attorney, the collector must contact the lawyer rather than you.