Archive for PA FCEUA
“I’m Going to Put a Judgment on You”
Posted by: | CommentsOften we hear reports from clients that a debt collector threatened to put a judgment against them if a debt was not immediately paid. This is a misleading statement and may be actionable under the Fair Debt Collections Practices Act and/or the corresponding Pennsylvania law protecting consumers from abusive debt collection practices.
In reality in Pennsylvania, a debt collector cannot simply place a judgment on you. They must go through the entire lawsuit process. See I’ve Been Sued By a Debt Collector in Pennsylvania for an overview of the process. Also, see General Overview of the Debt Judgment & Execution Process. Remember, you should never ignore a lawsuit that has been filed against you.
If you have had a debt collector make a threat to put a judgment on you, have been the victim of any other kind of debt collector harassment or abuse, or simply would like to discuss your debt problems, please contact us. If you are not located in Pennsylvania, you can contact us for the name of an attorney who practices in your area and/or visit the National Association of Consumer Advocates attorney referral website.
PA State Law Protecting Consumers from Debt Collectors
Posted by: | CommentsPennsylvania has a law that somewhat mirrors the Fair Debt Collection Practices Act (FDCPA). It is called the Pennsylvania Fair Credit Extension Uniformity Act. In general, it provides consumers protection from debt collectors AND creditors. What follows is a brief summary of the law. A creditor and/or debt collector may not:
- Communicate with a third party about your debt unless they have your prior consent or the express permission of a court.
- Communicate with you at unusual times or places, or at work if they know your employer does not approve of the contact.
- Harass, oppress, or abuse you or any third party while collecting a debt.
- Make or use any false or misleading statements when collecting a debt.
- Use unfair or unconscionable means to collect a debt.
Source: PA Attorney General Tom Corbett’s Bureau of Consumer Protection Booklet