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 tactics to collect the debt.
In Utah (UT), 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, and unfair debt collection practices. It applies to third-party debt collectors who are collecting on behalf of another creditor, and it does not apply to creditors collecting their own debts. Utah does not have a specific state statute that broadly governs debt collection practices, but creditors and debt collectors must comply with the FDCPA and other relevant federal laws. Additionally, Utah's Consumer Sales Practices Act may offer some protections against deceptive practices. Types of debts that are subject to collection efforts in Utah include credit card debt, auto loans, medical debt, student loans, utility bills, and personal loans. Debt collectors in Utah must also adhere to any applicable statutes of limitations for debt collection, which dictate how long a creditor has to take legal action to collect a debt. It's important for consumers to know their rights under the FDCPA, including the right to request validation of the debt and the right to be free from harassment or misleading tactics by debt collectors.