All About Virginia's Debt Collection Laws

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How Virginia Debt Collection Laws Can Protect You against Unfair Debt Collection Practices

The Federal Debt Collection Practice Act (FDCPA) regulates debt collectors in all U.S states. It protects consumers from unfair practices from debt collectors, thus ensuring that their rights are respected. Like in FDCPA rules, the prohibit any debt collectors from sending documents simulating any legal process.

The from sending documents simulating any legal process. The code forbids anyone who delivers mail, writes, or simulates a warrant purposely to collect money. Any debt collector found guilty of simulation risks a Class 4 misdemeanor and is fined up to $250. The debtor can report the collector to a court of law, but they cannot sue them directly for breaking the law. If you live in Virginia and feel that you have an issue with a debt collector, you can file a complaint against them.

However, filing a complaint against a big debt collection agency can be time-consuming due to the high-level evidence required. Luckily, DoNotPay can help you hold them accountable for their actions in a promising and less frustrating way.

What Is FDCPA in Debt Collection?

The FDCPA oversees debt collection in all states of the U.S and prevents consumers from unlawful debt collection practices. The Act was formed in 1968 and outlined all the rules debt collectors should obey while collecting debt from you. The Act also highlights your rights as a consumer, which debt collection agencies should not violate.

However, FDCPA does not cover all debts but those acquired for either personal or household commitments. All corporate or business-owned debts are eliminated from the umbrella of FDCPA. Some of these debts covered under the Act include:

  1. Student loans
  2. Medical loans
  3. Auto loans
  4. Mortgage loans

What Are Some of the FDCPA Violations in Debt Collection?

The FDPA has established a series of regulations that deter debt collection agencies from disrespecting your rights when collecting debts. Some of the significant violations include:

  • Use of misleading information
  • Use of unfair practices
  • Use of abusive or harassing actions

FDCPA Regulation against Misleading Representations

Debt collectors are prohibited from using false representation to tease you into clearing your debt. Specifically, a debt collector is not supposed to:

  • Fake their identity and pretend to be allied to a particular state body to make you pay your debt
  • Debt collectors are not supposed to give a false illustration of the legal status of your debt

Violations against Unfair Practices

Debt collectors are not supposed to use any method that violates your rights. They should follow the guidelines as stipulated by the FDCPA. They should not:

  • Take any interest from you unless the law allows them to do so
  • A postcard should not be used to contact you about your debt
  • Debt collectors should not threaten you with an outdated cheque or any other means of payment
  • Cause any additional communication charges either through telephone or telegram

Protection against Harassing or Abusive Practices

Debt collectors should not:

  • Publish your name on the list of defaulters
  • Make a telephone call to you without introducing themselves
  • Constantly call you aiming to offend and annoy you to pay
  • Use any criminal means aimed at harming you or your property

Know Your FDCPA Rights When Dealing with Debt Collectors in Virginia

Apart from the FDCPA policies, Virginia debt collection policies are stringent and demand your rights as a customer to be respected by debt collectors. Your rights as a customer include:

  1. Debt collectors are not supposed to call at unusual hours or places like the office
  2. You have a right to get a debt validation letter from the debt collectors in the first five days after they made their first contact.
  3. You have the right to be given a chance to contact your lawyer if you have one.
  4. You have the right to stop them from contacting you.

Familiarize Yourself with Virginia Debt Collection Laws

Virginia debt collection laws are the same as the FDCPA regulations; however, there are some fines associated with breaking the set regulations:

Va. Code Ann. § 18.2-213Imitating the legal process to obtain payment can attract a fine of up to $250
Va. Code Ann. § 18.2-11You can report a violation of your rights, but you cannot directly report the debt collector

You can use DIY methods to file a complaint against debt collectors in Virginia; however, it might be frustrating since dealing with established agencies can be procedural and thus time-consuming. DoNotPay presents the best and simple steps that will yield results in a fast way.

How to File a Complaint against Debt Collectors Using DoNotPay

Here’s how it works:

  1. Search “debt collection” on DoNotPay.

  2. Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.

  3. Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.

And that’s it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We’ll deliver your request directly to the debt collectors via first-class mail, or file your complaint automatically with the CFPB so that they’re no longer able to use unfair debt collection practices.

You can also check out our other credit products, including Credit Limit Increase and Clean Credit Report.

Why Use DoNotPay to Assert Your Rights Under the Virginia Debt Collection Laws

You have to find the best steps to stop your debt collectors from harassing you. DoNotPay is your best choice because we are:

  • Fast: You get the best service in a few clicks. No need to spend too much time looking for the specific provisions of law to use.
  • Easy: The three-step process is all you need to do. We take care of the rest.
  • Successful: You can rest assured that we are making the best case for you.

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