Collections Law

American consumers are protected by law from abusive debt collection practices. The U.S. Congress passed the Fair Debt Collection Practices Act, recognizing that abusive debt collection practices have serious effects on the individual. Evidence shows that abusive debt collection practices lead to bankruptcies, loss of employment, marital instability or invasion of privacy. The FDCPA lays out the detailed behavior that debt collection agencies must exhibit in order not to be found abusive. Aside from the FDCPA, states also have their own consumer protection laws, which are in accordance with federal legislation.

Among other things, the FDCPA prohibits debt collection agencies from using violence, threats or harassment to induce a debtor to pay up his debts. Aside from agencies, debt collection can also be performed by lawyers and other companies. The Act enumerates the specific behavior that debt collection agencies are prohibited from exhibiting. These prohibited behavior include not asking other persons the location of the debtor, communicating with the debtor at any unusual time of the day, the use of violence or obscene language, and use of false representations. The FDCPA only applies to consumer debts, which are personal debts. These kinds of debts include car loans, student loans, mortgages, credit card debts, household expenses, and medical debts. Another law governs debts incurred in relation to running a business.

The FDCPA imposes fines against the debt collection or the debt collection agency once found to have violated the law. In addition, the FDCPA also allows the debtors to recover actual damages sustained as a result of the abusive debt collection practices and other additional damages. Abusive debt collection practices are the subject of many class action lawsuits, under which plaintiffs may recover substantial amount.

Incurring and facing debts is a stressful event. Debt collection agencies are zealous in their pursuit against debtors, especially when the debt is of a substantial amount. While debt collection agencies are prohibited from using deceptive practices in the performance of their work, the agencies' abusive practices will not wipe out the debt. Rather, the debt remains the same. Non-payment of debts can lead to the debt collection agencies to sue the debtor, which can blow the problem out of proportion. When faced with burdensome debt and experiencing harassment by debt collection agencies, it is best to seek the help of debt collection law attorneys in order to stop the stressful debt collecting and try to restructure the debt. Banks are typically generous to debtors especially when these debtors are facing personal problems, which caused them to delay payments. It is best to contact an attorney and the bank to try to obtain a restructuring of the debt or a forbearance of the payment. The law provides for ways to stop abusive debt collection practices and attorneys would be knowledgeable as to what specific provisions of the law to utilize in order to stop these practices. Rather than risk being sued by the debt collection agencies for non-payment, it is best to seek the advice of expert debt collection law attorneys.

Areas of Law

Customs Law - Legal Information and Resources

Customs Law

The United States is a free country, allowing most goods to enter and leave the country for trading. The U.S. Bureau of Customs and Border Protection has authority over international trading and compliance of import regulation. American customs law is composed primarily of the U.S. Customs Duties Code (Title 19 of the U.S. Code), tariff schedule, proposed legislation, CBP decisions, CBP rulings, judicial decisions, and treaties and international agreements. Administrative materials also comprise customs law. There are other federal agencies that regulate imports, such as the Environmental Protection Agency for automobiles, and the Bureau of Alcohol, Tobacco, and Firearms for wines.

The CBP is strict in the implementation of custom laws. The government imposes about 3% of the value of the imported good, although the tariff can reach as high as 81% on certain goods. The federal government has a list on items that cannot be brought inside the United States. These products include endangered wildlife and items made from endangered wildlife, such as ivory from elephants and rhinoceros and feathers from wild birds. Individuals found to have been carrying these items will be fined or imprisoned, depending on the item brought in. The law, however, provides for exceptions. In the case of ivory, an individual may bring back an object made of ivory if the item is antique, which means the item is at least 100 years old. There must be proper documentation to prove that such item is antique. Without the proper documentation, the item cannot get inside the United States and the bringer may be subjected to fines or imprisonment. The government also has a list of "duty-free" items, which means these products are exempt for tax payments. In addition, American residents traveling abroad can freely import cigarettes, cigar and alcoholic beverages if the total value of these items do not exceed a certain amount.

Importation of prohibited or contraband goods is a criminal offense in the United States. The most common violations of customs are law: false declarations, exporting violations, importing violations, and smuggling. False declarations usually occur following a trip abroad. All items, including gifts, brought in by residents and travelers from outside the United States must be declared. One item missed out in the declaration can be considered misrepresentation or false declaration and can be considered a violation of custom laws. Exporting and importing require licenses obtained from the appropriate government agency. Without the proper license, an individual or a corporation cannot export or import. Smuggling occurs when somebody brings to the United States an item that is considered prohibited.

The law punishes violations of customs law with a fine that can range from a thousand dollars to a million dollars and prison time of 10 years per offense. When faced with a customs law violation, it is best to seek the help of an expert customs law attorney. Customs violations is a serious offense with grave consequences. A defense attorney with knowledge on customs law should best argue for persons charged with customs law violations.

Areas of Law