Arizona's Debt collectors are governed by the federal Fair Debt Collection Practices Act (FDCPA) and state law. The FDCPA protects customers from unfair and fraudulent debt collection methods and is applicable in all states. Debt collectors cannot call at specific times and locations under the FDCPA.
Similarly, debt collectors in Arizona are prohibited from using various fraudulent and intrusive practices when collecting money on behalf of a creditor. Collection agencies in Arizona must also be licensed.
Debt collectors and debt collection companies are limited in their ability to call you and what they can say to you when attempting to collect a debt. However, these constraints do not prohibit them from persuading delinquent debtors to pay what they can. While bill collectors can pursue lawful debt collection channels, the FDCPA forbids them from doing so in various ways. Debt collectors are permitted to make reasonable efforts to get a borrower's contact information.
When they reach a borrower, they might notify them about their attempt to recover the debt. They cannot be false or misleading about who they are and what they can do. The FDCPA limits the methods that debt collectors can use to recover debts.
The FDCPA provides borrowers with a bill of rights that protects them. It should be highlighted that this regulation only pertains to consumer debt, not company debt.
One significant difference between Arizona's Fair Debt Collection Act and the FDCPA is that Arizona requires all creditors to have a license to collect debts inside the state. Another guideline that governs Arizona creditors is that a debt collector has five days after first contacting a debtor to deliver a written notification alerting them about total debt and the debtor to whom the debtor owes the debt.
A statement informing the debtor that they have 30 days from the date of receipt of the notice to challenge the debt. They also have the opportunity to receive a debt verification within 30 days of submitting a dispute.
Arizona's debt collection statutes, in contrast to the FDCPA, are criminal. If a collection agency breaches Arizona state law, a debtor cannot legally sue.
Instead, the debtor must notify the county or city attorney's office of the violation. If a breach of the FDCPA occurs, the debtor may still sue for monetary damages under federal law (the FDCPA). Debt collection agency principals (those who own, run, etc.) who are guilty of breaking Arizona's collection laws face jail time, fines, loss of licensure, and years of probation.
You should know Arizona's statute of limitations. It specifies how long a creditor or debt collector has to sue you for the money you owe. Your debt vanishes after this period, but creditors can no longer take legal action against you. In Arizona, the statute of limitations starts ticking when the creditor "accelerates the debt" or seeks full payment.
The statute of limitations for written contracts is six years, which includes most debt. When the statute of limitations on your obligation runs out, the debt becomes time-barred, and the collector can't sue you to recover it.
This means the legal remedies above, such as wage garnishment or property seizure, are no longer available. You may be less likely to return your debt if legal action is not an option.
Banks, credit unions, nonprofit and for-profit credit counseling companies, and online lenders in Arizona can assist consumers in finding debt relief. Each has a unique strategy, so it's best to shop around before deciding. To get rid of your debts, you can consider debt management, debt settlement, debt consolidation, non-profit debt settlement, and bankruptcy in Arizona.
If you have a problem with an Arizona debt collector, you can also submit a complaint with the Consumer Financial Protection Bureau (CFPB). After you file a complaint, the CFPB will endeavor to respond to you within 15 days.
Dealing with past-due accounts and high-interest rates can be unpleasant, especially if you lack the funds to make your payments. Fortunately, Arizona has lots of debt relief choices for you. Remember that FDCPA infractions do not result in the debt being erased, nor do they limit the creditor's legal alternatives.
Speak with a debt relief attorney if you need assistance filing a lawsuit. You can file a Lawsuit for FDCPA Violations in the United States. If a debt collector engages in abusive or deceptive collection practices, you may be able to sue under the federal FDCPA.