fair debt collection practices act

Miranda's Mini Debt Collection Practices Act


Mini Miranda - Fair Debt Collection Practices Act
When debt collectors get in touch with you, whether by mail or by phone, one of the first things they will say is "This is an attempt to collect a debt and any information obtained will be used for that purpose." This statement is commonly referred to as the "mini Miranda" because it is similar to Miranda's rights that law enforcement should use to alert suspects of their right to remain silent, the right to a lawyer and the right to a lawyer appointed by the court if the suspect can not afford one.



Debt collectors are only needed to give the complete Miranda mini in their initial communication with you. The waiver keeps the debt collectors from fooling you into giving up information that can be used against you. If a third-party debt collector contacts you and does not disclose, you have violated the Fair Debt Collection Practices Act, the law governing what debt collectors can and can not do. You may have reason to sue the debt collector.



When you are stuck, you must be careful what you say not to incriminate yourself. The same is true when you are talking to debt collectors - anything you say in conversation can be used to help the collector chase you into debt. A specific example is when you are dealing with a debt that exceeds the statute of limitations for your state. Something as simple as admitting that debt is yours could reset the time in status and give the collector more time to sue you for debt.