Creditor Rights and Obligations Part 3 - Limits on Creditors
This will be a continuation of a 5 part series on what creditors can and cannot do in collecting debts. Federal and Florida law provide protection to debtors from overagressive creditors. Again, Florida law practically imitates Federal law in this regard.
Q: Can a creditor use profane, obscene, or vulgar language against a debtor or a family member in trying to collect a debt?
A: No. Florida Statute 559.72(8) prohibits this behavior.
Q: Can a creditor get court costs and attorneys fees if a debtor loses his action?
A: Yes. Some courts have awarded attorneys fees against the debtor.
Q: Can a creditor threaten to enforce a debt when the person knows the debt is not legitimate or assert some other legal right that the person knows does not exist?
A: No. Florida Statute 559.72(9) prohibits this action.
Q: Can a creditor have my wages garnished?
A: Yes, in some instances. The creditor must get a valid court order and inform the employer of such order.
Q: Can a creditor communicate with the debtor under the "guise" of an attorney? (Letterhead or oral communication)
A: No of course not. Florida Statute 559.72(11)-(12) prohibits this type of behavior.
If you have questions concerning creditor rights, contact Wood, Atter & Wolf, P.A. to speak with a business attorney.
