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 Louisiana (LA), debt collection is regulated by both state statutes and federal law. The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets national standards for the collection of debts, prohibiting deceptive, abusive, or unfair debt collection practices. It applies to third-party debt collectors who are collecting on behalf of another creditor, and it also applies when debts are sold to another entity. Under the FDCPA, debt collectors are not allowed to use harassment, make false statements, or engage in unfair practices when they attempt to collect a debt. Louisiana state law also provides additional regulations on debt collection practices within the state. For example, the Louisiana Fair Debt Collection Practices Act mirrors the federal law and provides similar protections against abusive collection tactics. Creditors and debt collectors in Louisiana must adhere to these laws when attempting to collect various types of debts, including credit card debt, auto loans, medical debt, student loans, utility bills, and personal loans. If a debt collector violates these laws, consumers have the right to seek legal recourse, which may include damages, attorney's fees, and more. It is advisable for individuals dealing with debt collection in Louisiana to consult with an attorney to understand their rights and obligations under both state and federal law.