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.

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Motor Vehicle Law - Legal Information and Resources

Motor Vehicle

Owning and driving a motor vehicle in the United States is a privilege, and not a right. It is thus subject to certain legal requirements and can be withdrawn if abused. The registration and titling of motor vehicles and the licensing of drivers are required for various reasons, the foremost of which is road safety. Both the federal and state governments have their own set of motor vehicle laws and standards of road safety. State laws vary but the general rule is a motor vehicle cannot be driven without registration or with an expired registration and cannot be driven by an individual without a driver's license.

The most common violation of motor vehicle law is driving without a license. This is a criminal offense punishable by law. Lawfully obtaining a driver's license entails requirements that not all can comply with. Age requirement for a driver's license vary from state to state. An individual who has not reached the legal age required for a driver's license thus cannot legally drive a car. Most states require a social security number or a tax identification number. Some American citizens cannot obtain social security numbers for a variety of reasons, and some immigrants will not qualify for social security numbers or ITIN. Moreover, some states require applicants to bring proofs of identity, usually passports, I-94 cards, or green cards. In cases of illegal immigrants, it is a double whammy if caught driving without a license. Other states will require applicants to show proof of liability insurance. Obtaining this requirement is difficult since it entails paying an insurer. Some insurance companies also do not offer insurance for those who do not own a car, so some applicants may not be able to comply with this requirement. Different driver's licenses are issued for different kinds of motor vehicles. Commercial drivers, such as a bus driver, need to apply for special driver's licenses for them to be able to drive certain vehicles. A driver's license specifically indicates the type of vehicle that the license holder is allowed to drive. Once found driving a vehicle that is not specified in the license, the driver can be accused of driving without a license.

Licenses, being privileges, can be revoked due to a number of circumstances, the common of which is having been found guilty of driving while intoxicated or as a result of a conviction to another crime. As a punishment to being convicted of DUI, the offender may be given limited driving privileges or may have his or her license forfeited.

Penalties accompanying driving without a license depend on the reason why the individual was driving without a license. Penalties can range from fines to jail time, depending also on the state. Jail time can lead to serious repercussions to a person caught driving without a license as this may lead to loss of employment. When facing a case of driving without a license, one must seek the assistance of an expert motor vehicle law attorney who can help reduce the fines or jail time, or avoid them altogether.

Areas of Law