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Debt Collection Laws in Virginia
Are you struggling with debt collectors in Virginia? You’re not alone. Many Virginians face harassment from debt collectors who may use unfair or even illegal tactics to try to collect a debt. But you have rights under federal and state law, and it’s important to know what those rights are so you can protect yourself.At Spodek Law Group, we understand how stressful and overwhelming it can be to deal with debt collectors. That’s why we’re here to help. Our experienced attorneys have a deep understanding of the debt collection laws in Virginia and can provide you with the guidance and representation you need to stand up for your rights.
Contents
Understanding the Fair Debt Collection Practices Act (FDCPA)
The first thing you need to know is that there is a federal law called the Fair Debt Collection Practices Act (FDCPA) that protects consumers from abusive and deceptive debt collection practices1. This law applies to third-party debt collectors, which means companies that are hired by the original creditor to collect a debt.Under the FDCPA, debt collectors are prohibited from:
- Calling you before 8 a.m. or after 9 p.m. without your permission
- Using obscene or profane language
- Threatening you with violence or harm
- Falsely claiming to be attorneys or government representatives
- Misrepresenting the amount you owe
- Contacting you at work if you’ve told them not to
- Discussing your debt with anyone other than you, your spouse, or your attorney1
If a debt collector violates any of these rules, you have the right to sue them in federal court. You may be able to recover actual damages, statutory damages up to $1,000, and attorney’s fees and court costs1.
Virginia’s Debt Collection Laws
In addition to the FDCPA, Virginia has its own laws that regulate debt collection practices. One important law is Virginia Code § 18.2-213, which makes it a Class 4 misdemeanor for a debt collector to use any document that simulates a legal document, such as a warrant or lien, in an attempt to collect a debt2.This means that if a debt collector sends you a document that looks like an official court document but isn’t, they could face criminal charges. If you receive any suspicious documents from a debt collector, it’s important to have them reviewed by an attorney to determine if they violate this law.Virginia also has a law called the Virginia Consumer Protection Act (VCPA) that prohibits deceptive and fraudulent practices in consumer transactions3. While this law doesn’t specifically apply to debt collection, it does prohibit things like misrepresenting the characteristics or benefits of a service, which could apply to debt collectors who make false promises or misleading statements.
What to Do if a Debt Collector Violates Your Rights
If you believe that a debt collector has violated your rights under the FDCPA or Virginia law, there are several steps you can take:
- Document everything. Keep detailed records of all communications with the debt collector, including dates, times, and what was said. Save any voicemails, emails, or letters you receive.
- Send a written request for the debt collector to stop contacting you. Under the FDCPA, if you send a written request for the debt collector to stop contacting you, they must comply (with a few exceptions)1.
- File a complaint with the Consumer Financial Protection Bureau (CFPB) or the Virginia Attorney General’s Office. These agencies investigate complaints against debt collectors and can take action against those who violate the law3.
- Contact an attorney. An experienced debt collection attorney can review your case, advise you of your rights, and represent you in court if necessary. They can also help you negotiate with the debt collector to resolve the debt on terms that work for you.
Statute of Limitations on Debt Collection in Virginia
It’s important to note that there is a statute of limitations on debt collection in Virginia. This means that after a certain amount of time has passed, a debt collector can no longer sue you to collect the debt.In Virginia, the statute of limitations for most types of debt is 5 years4. This includes credit card debt, medical debt, and personal loans. For auto loans, the statute of limitations is 4 years4.However, it’s important to be aware that even if the statute of limitations has passed, a debt collector can still try to collect the debt through other means, such as phone calls or letters. They just can’t sue you for it.If you’re not sure whether the statute of limitations has passed on a particular debt, it’s a good idea to consult with an attorney. They can review the details of your case and advise you on the best course of action.
The Bottom Line
Dealing with debt collectors can be a stressful and overwhelming experience, but it’s important to remember that you have rights under federal and state law. By understanding your rights and taking action when those rights are violated, you can protect yourself from abusive and deceptive debt collection practices.At Spodek Law Group, we’re here to help you navigate the complex world of debt collection laws in Virginia. Our experienced attorneys can provide you with the guidance and representation you need to stand up for your rights and find a solution that works for you.If you’re struggling with debt collectors in Virginia, don’t hesitate to reach out to us for a consultation. We’ll review your case, advise you of your options, and work with you to develop a plan to resolve your debt and move forward with your life.