Debt Collection Team Leader: Mario Massillamany
When a customer fails to pay for goods or services provided, a business has several options regarding how to go about collecting this debt. The business, otherwise known as “the creditor,” and the customer, otherwise known as “the debtor,” will often end up seeking legal services to settle their financial dispute. If you are a creditor seeking legal representation regarding a debt collection matter, there are a few things you should know when consulting with an attorney.
Lawyers that seek to collect consumer debts for clients are governed by the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et. seq. The Federal Trade Commission prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them. Not all debt collectors are subject to the Act. It does not apply to banks, other lenders, or businesses that collect their own accounts using their own names, nor does it cover them when they collect an isolated debt for another.
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA does not cover debts you incurred to run a business.
Debt collectors can contact you by phone, letter, email or text message to collect a debt, as long as they follow the rules and disclose that they are debt collectors. No matter how they communicate with you, it’s against the law for a debt collector to pretend to be someone else — like an attorney or government agency — or to harass, threaten or deceive you.
The attorneys and staff at Massillamany & Jeter LLP are trained and experienced in adhering to the FDCPA and the Indiana Financial Institutions Act of 1933. Our lawyers have handled over 6,000 cases a year throughout most of the counties in the State of Indiana and across the country. We have collected millions in recovery for our clients. Contact our Debt Collection Team Leader Mario Massillamany for a free consultation to see how we can best help your business.