Debt collection is the process by which a person or entity who is owed money or property seeks payment for the debt. Debt collection may be performed by the person or entity who is owed the debt (the creditor), or may be performed by a third-party debt collector hired by the creditor to collect the debt on behalf of the creditor. Sometimes creditors sell the debt to another entity at a discounted value, and the entity that purchases the debt becomes the creditor.
Debts that are often the subject of debt collection efforts include (1) credit card debt; (2) car or auto loan debt; (3) medical debt; (4) student loan debt; (5) unpaid utility and telephone bills; and (6) personal loan debt.
If you owe money, you have a legal obligation to repay it. But state and federal laws—such as the Fair Debt Collection Practices Act—prohibit debt collectors from using deceptive or abusive behavior to collect the debt.
In Florida, debt collection is regulated by both state statutes and federal law. The primary federal law governing debt collection is the Fair Debt Collection Practices Act (FDCPA), which sets nationwide standards for the conduct of third-party debt collectors. Under the FDCPA, debt collectors are prohibited from using deceptive, abusive, or unfair practices to collect debts. This includes restrictions on the times they can call debtors, prohibitions on the use of threats or obscene language, and the requirement to validate the debt if requested. Florida also has its own set of laws that complement the FDCPA, including the Florida Consumer Collection Practices Act (FCCPA), which similarly prohibits collectors from using certain abusive tactics and extends the protections to include original creditors, not just third-party collectors. Debts commonly subject to collection efforts in Florida include credit card debt, auto loans, medical bills, student loans, utility bills, and personal loans. It's important for Florida residents to understand their rights under these laws, which provide a framework for the legal obligation to repay debts while protecting consumers from overreaching collection practices.