The FDCPA and Child Support Collection

If I fall behind in Child Support, am I protected from harassment by debt collectors under the FDCPA (Fair Debt Collection Practices Act.

The FDCPA was enacted to protect consumers from predatory debt collection practices.  For instance, a collection agency is only allowed to call you between certain hours of the day, cannot threaten you with jail over an unpaid debt, can’t call you if you tell the creditor not to contact you at work, and many other collection requirements.   The FDCPA is born of a perceived need to reign in the minority of debt collection agencies that would practice unreasonable debt collection practices.

The FDCPA specifically revolves around protecting CONSUMER debt.  As such it does not apply to Business to Business debt.  That means if Business A owes Business B money, Business A has no protection from the FDCPA, and cannot sue collectors for Business B under the Act.  The same applies for child support.  Child support is not a consumer debt.  Therefore, the person paying child support, that falls behind in their court-ordered obligation is not protected under the Act.

If you are having issues Child Support that is due to you, we can help.  Please contact the child support attorneys at Brandon Legal Group.  Your initial consultation is free, and without obligation.

 

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