Debt Collection Laws

In Florida, there are specific laws that protect people from unfair debt collection practices. Here’s what you need to know:

  • Florida Consumer Collection Practices Act (FCCPA): This law ensures you’re treated fairly by people trying to collect a debt. It works alongside a federal law to give you double protection. Creditors and debt collectors must follow certain rules and can’t harass you. Learn more about your rights under the FCCPA here.
  • Florida Commercial Collection Practices Act: If you own a business, this law helps protect your business from unfair collection practices, just like the FCCPA does for individuals.

Statute of Limitations

There’s a time limit on how long someone can take legal action to collect a debt:

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  • Written Contracts and Promissory Notes: Someone has five years to sue you over money you owe based on a written agreement.
  • Oral Agreements: If the agreement was spoken and not written down, they have four years to take legal action.
  • Court Judgments: If a court has already decided you owe the money, the creditor can try to collect the debt for up to twenty years.

Regulation of Debt Management Services

Florida has rules for companies that offer to help you manage or settle your debt:

  • Florida Statutes Chapter 817: This law says companies must follow certain rules, like how much they can charge you and what they need to tell you about their services. It’s important to make sure any company you’re working with is following these rules.

The laws in Florida are there to make sure you’re treated fairly by creditors, debt collectors, and debt management services. By understanding these laws, you can protect yourself and make informed decisions about handling your debt. Companies like Pacific Debt must follow these laws to offer their services in Florida, ensuring they provide fair and compliant debt relief options.

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Compliance Requirements for Debt Relief Services

Licensing and Legitimacy

For a company to help you with your debt in Florida, they need to follow some important rules. Here’s what you should know:

  • Companies that want to collect debts need to have the right papers to work in Florida. This means they have to be licensed properly. This makes sure they follow the rules and treat you fairly.

Consumer Protection

There are laws in Florida to protect you when dealing with your debts. Here are the main ways these laws help:

  • Companies can’t annoy or treat you unfairly when they try to collect money. They have to respect your privacy and cannot call you at odd hours. This is part of following the FCCPA and FDCPA.

Compliance with State Laws

When you get help with your debts, companies must play by certain rules:

  • They can’t charge you too much money for their help. Florida has rules about how much they can ask for their services.
  • They must be clear about what they are offering. This means they should tell you how their program works and what it costs.

Transparency and Disclosure

Being open and honest is key. Here’s what companies must do:

  • They need to tell you everything about their service openly. This includes how long it will take and how much it will cost.
  • Keeping fees within the limits set by Florida law makes sure you’re not overpaying for their help.

Companies like Pacific Debt take these rules seriously to offer their services in Florida. They make sure they have the right license and follow the laws to protect you. They are clear about their fees and how they can help you with your debt. This way, you know you’re getting a fair deal and not being taken advantage of.

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Operational Compliance and Consumer Considerations

Credit Counseling Standards

When it comes to getting help with your debt, knowing what’s right can be tricky. Pacific Debt follows strict rules to make sure they’re helping you the right way. Here’s what they do:

  • They make plans for paying off debt that make sure creditors get paid on time. This means no late fees for you!
  • They put your money in a special account until it’s time to pay your bills. This keeps your money safe.
  • They send you regular updates so you always know what’s happening with your money.

Avoiding Deceptive Practices

Pacific Debt works hard to follow the rules and make sure you’re not tricked into something that’s bad for you. They:

  • Don’t ask for payment before they’ve done what they promised.
  • Make sure everything they do is allowed by the laws in Florida.
  • Always tell the truth about how they can help you make your credit better.

Additional Considerations for Consumers

When thinking about getting help with your debt, there are a few other things to keep in mind. Let’s break them down:

  • Debt Management Plans: If you choose a plan to manage your debt, make sure it fits with your bill due dates and checks if your creditors can lower what you owe in interest or waive late fees.
  • Credit Counseling: Working with credit counseling means your money will be in an escrow account. This makes sure your payments are made on time, which is great for avoiding late fees.
  • Debt Negotiation Risks: Be careful with debt negotiation firms. They might offer to cut down what you owe, but it can hurt your credit score. Always ask a lot of questions and understand the risks.

Choosing the right kind of help is super important. Whether it’s a plan to manage your debt, talking to someone about how to deal with what you owe, or negotiating your debt, knowing your rights and what to expect can save you from headaches later on. Pacific Debt sticks to the rules to make sure you’re getting a fair deal.

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Kevin Landie is the CEO of Pacific Debt Relief, a nationwide debt settlement company he founded in 2002. Kevin founded Pacific Debt Inc. in 2002. Under his leadership, the company has settled over $500 million in debt for its clients since its inception. Kevin is also the founder of Pacific Debt University, a non-profit educational program for financial literacy.

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