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What are creditors' rights and when do they overstep the mark?

Dealing with debt is never an easy situation to be in, and for many people, it can feel like a never-ending spiral, since interest is often accumulated on existing debts. The stress of having debts is not made easier by creditors who seem to never stop asking for their money back.

While debtors are protected from debt collection abuse and harassment, it is important to note that creditors do have rights to ask for the money to be repaid. As a debtor, you should take the time to understand what type of behavior is and is not ok for creditors and debt collectors to exercise.

Asking for the debt to be repaid

The first course of action for creditors who do not receive what they are owed in a given time frame is to simply ask for their money back. This should be done in writing; however, they cannot become harassing or abusive in these debt collection efforts. The Fair Debt Collection Practices Act (FDCPA) gives very strict guidelines for when and how debt collection companies can request the money they are owed. However, the FDCPA applies only to debt collection agencies and not specifically to companies who want to get their money back.

Replevin actions and wage garnishment

Eventually if the debts are still not repaid, a creditor may be able to either reclaim the property that was not paid for, or recoup the owed money through the garnishment of the debtor's wages.

If you are struggling with debts and you believe that a debt collector acted unlawfully, it is important to research how the law protects your rights.

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Consumer Justice Center P.A.
367 Commerce Court
Vadnais Heights, MN 55127

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