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 Mississippi (MS), debt collection is regulated by both state statutes and federal law. The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets the standard for how debt collectors can behave when collecting certain types of debt, including credit card, auto loan, medical, student loan, utility bills, and personal loan debts. Under the FDCPA, debt collectors are prohibited from using deceptive, abusive, or unfair practices. They are not allowed to harass or threaten consumers, or use false statements in their attempts to collect a debt. Mississippi does not have a specific state statute that broadly governs debt collection practices, so the FDCPA is the primary regulation that Mississippi residents can rely on for protection against unfair debt collection practices. Additionally, if a debt is sold to another entity, that entity steps into the shoes of the original creditor and must also comply with the FDCPA. Consumers in Mississippi who believe that a debt collector has violated the FDCPA can file a complaint with the Federal Trade Commission (FTC) or consult with an attorney to explore their legal options, which may include seeking damages through litigation.