Everyday, countless people are harassed and taken advantage by debt collectors. However, if you are a Louisiana resident and have ever felt that you have been dealt with unfairly by someone demanding payment from you, there may be a protection under the Louisiana Fair Debt Collection Practices Act that may require them to pay you instead.
The Louisiana Fair Debt Collection Practices Act is promulgated under state law by 2014 Louisiana Laws, Revised Statutes, TITLE 9 – Civil Code-Ancillaries RS 9:3562 – Unauthorized collection practices in 6 parts. The full text of the provision is available under the Louisiana State Legislature’s website. However we have also broken down the statute for your convenience in this article
The Louisiana Fair Debt Collection Practices Act is meant to supplement the Federal Fair Debt Collection Practice Act (FDCPA) and provide a local action whereas not otherwise provided.
Specifically, the Louisiana Fair Debt Collection Practices Act prohibits debt collectors or creditors from contacting 3rd parties regarding the debt who do not reside as the same household as the living creditor who has not waived this or other prohibited acts. However, the creditor may contact a third party regarding details about the person that owns the loans if they do so without discussing or disclosing the purported debt.
The Louisiana Fair Debt Collection Practices Act also requires the debt collector to limit mail contacts to one notice per month if the person with the debt has gone into default and provided specific notice in writing by certified mail to the debt collector requesting such limited communication. However, this does not preclude the debt collector from taking further legal action or potentially taking a maximum of four personal contacts with the debtor for the purpose of settling the obligation if not designed to threaten action not permitted by law. Additionally, if the debt collector obtains a judgement after being demanded to limit communications, they may again resume notwithstanding contacts with the person who the judgment is against.
Further, the Louisiana Fair Debt Collection Practices Act does not prohibit the debt collector from contacting any person to inquire about details surrounding property that may be seized to satisfy a debt after judgment, making amicable demands and filing suit, or contacting related persons with permission from the person that owns the debt in a reasonable manner.
If you are currently being contacted by a debt collector in any manner, contact a consumer advocate at Paramount Law today!
