Creditor Rights and Obligations Part 5 - Limits on Creditors
This will be a continuation of a 5 part series on what creditors can and cannnot do in collecting debts. Federal and Florida law provide protection from overagressive creditors. Again, Florida law practically imitates Federal law in this regard.
Q: What remedies are available to me if a creditor violates Florida law in trying to collect a debt?
A: Florida Statute 559.77 provides that any person whose rights have been violated by a creditor may bring a civil action for actual and statutory damages up to $1,000 together with court costs and attorneys fees. If actual damages are hard to determine, a court will look to enforce liquidated damages.
Q: As a violated debtor, is it correct that all I have to prove is that the creditor contacted me about a debt?
A: No. You must also show that the creditor's conduct was willful or intentional. A bona fide or good faith error by the creditor is a valid defense to a claim under Florida Consumer Collection Practices Act
If you have further questions about creditor rights, contact Wood, Atter & Wolf, P.A. for legal counsel.
