Even some of the most outwardly successful businesses can be hindered by
crippling debt due to complex legal statutes or restrictive loan agreements.
When your unpaid debt starts to pile up, it is a sure bet that collection
agencies are soon to send their task forces your way. Oftentimes, these
debt collectors can be so focused and ruthless in their jobs, they actually
violate your rights as a business owner when pursuing payment.
What are my rights as a business owner in debt?
Before you can determine if your rights have been violated by a collection
agency, you first need to understand the basics of your rights. The Fair
Debt Collections Practices Act (FDCPA) was established in 1977 with the
implicit intent to protect people with unpaid debt and keep them from
feeling criminalized or victimized by debt collectors.
Under the FDCPA, you are granted certain rights and protections, such as:
- Protection against any threats or abusive language
- Protection from having your debt publically disclosed when inappropriate
- Protection from being contacted at odd hours – before 8 AM and after 9 PM
- The right to sue if your rights are violated
In addition to declaring what your rights are and how they must be upheld,
this important piece of legislation also sets guidelines on how the collection
agencies must behave.
Conduct that is required for them to follow includes:
- Always identifying themselves whenever they contact you
- Giving the name and address of the original creditor
- Disclosing the lender’s right to dispute your debt
- Providing verification of the debt – specifically the amount owed
In my years of litigation, I, Attorney Cohen, have found that credit collection
agencies believe they are above the law, or that they can get away with
whatever they please if they are intimidating enough. It is important
that you stand up for your rights and take legal recourse if you are a
business owner being harassed for unpaid debts. When you come to me and
my team at Cohen Law, you can rest assured that a Miami business litigation
lawyer with experience and compassion will be in your corner and uphold
your best interests.
The sooner you act, the sooner you will find a welcome sense of relief.
Please don’t wait any longer –
contact me today for all the help you need.