What Are Debt Collectors?
Debt collectors are people who pursue payment of debts. They are also known as collection agencies. These individuals use various methods and strategies to collect debts and are regulated by the Fair Debt Collection Practices Act (FDCPA).
Fair Debt Collection Practices Act (FDCPA)
If you are in need of financial assistance, you should be aware of the Fair Debt Collection Practices Act (FTCPA) for debt collectors. This act outlines specific disclosures that debt collectors must make and prohibits abusive practices. To be compliant with the FDCPA, debt collectors must identify themselves and provide a contact number. Listed below are the specific disclosures that debt collectors must make.
The FDCPA protects consumers from abusive debt collection practices. The law requires debt collectors to disclose all relevant information to you, including your address, and to disclose eviction notices. But there are exceptions to this rule. Some debt collectors can still engage in abusive behavior, even if they are not FDCPA-covered. In addition, California has enacted consumer protection statutes that go beyond the FDCPA’s protections.
Exemptions for the elderly and disabled are automatically notated on the annual assessment roll. Exemptions can be used for a variety of personal assets, including automobiles, RVs, antiques, furniture, jewelry, and stocks and annuities. Other real estate, including land, mobile homes, condos, and timeshares, is also included. In addition to personal assets, the elderly and disabled can qualify for an exemption for their business, land, and other tangible or intangible assets.
There are some conditions, however, that must be met before a person can qualify for an exemption. Generally, property used for fundraising is not eligible for a tax exemption. Fundraising is allowed on occasion within certain limits. The exemption reduces the general tax levy portion of the bill, but not bond indebtedness or direct assessments. However, if you are in the midst of a tax bill and find yourself in a situation where you are eligible for an exemption, you can file for a tax exemption.
Contacting people without a connection to the debt
If you receive unsolicited debt-collecting texts, it is likely that you’ve received them from a department debt-collector. This is especially true if the collector hasn’t communicated with you through any other means. The message is likely designed to harass, oppress, or abuse you. If you’ve ignored the message, you’re likely the victim of harassment. Here are some ways to stop this type of contact:
Fortunately, the Fair Debt Collection Practices Act only covers debts with third parties, not original creditors. The first time this law came into effect was in 1977, when a gallon of gas cost 62 cents, the Atari arcade game console was the latest rage, and few people had cell phones, answering machines, or social networking apps. But since then, the law has changed considerably, so it’s essential to understand the new regulations and what they mean.
Legal process servers as exempt from the FDCPA
The FDCPA does not apply to legal process servers. They are, however, still subject to other causes of action, including perjuring affidavits of service, sewer service, and failing to serve process. Spiegel v. Judicial Attorney Servs., Inc. was a case where the FDCPA applied to process servers despite the legal process server exemption.
The plaintiff argues that the defendants were not acting as legitimate process servers. Instead, they sold false proofs of service to debt collectors who used them to obtain default judgments and prevent debtors from contesting a state court suit. This essentially constituted coercion to pay the debt. However, defendants argue that they are exempt under the FDCPA. This means that process servers should not be held responsible for debt collection activities.
The FDCPA does have a number of exceptions. Various nonprofit organizations and process servers are exempt from the law. Mortgage servicers are one of these. Otherwise, every actor involved in the collection of debt is required to comply with the FDCPA. But what about process servers? Are they exempt? Let’s take a closer look at this legal exemption. These professionals must be aware of the FDCPA.