Are Debt collection laws only for Debt collectors?

[TNMTforeverhere]

What is the name of your state? FL

Are Debt collection laws only for Debt collectors?

If I have a friend who has to pay me back, would I also be subject to debt collection laws?

Thanks.

 

[Zigner]

What is the name of your state? FL

Are Debt collection laws only for Debt collectors?

If I have a friend who has to pay me back, would I also be subject to debt collection laws?

Thanks.

It depends.
What is the nature of the debt?
How much does he owe you?
What is the interest rate?

 

[TNMTforeverhere]

It depends.
What is the nature of the debt?
How much does he owe you?
What is the interest rate?

Let's say he owes me for lunch. For same of example, lets say $10 no interest.

Does an agreement between 2 private citizens have to abide by the same rules as professional debt collectors?

I don't want to be fine like $10,000 because I called him too late.
Thanks.

 

[Zigner]

Let's say he owes me for lunch. For same of example, lets say $10 no interest.

Does an agreement between 2 private citizens have to abide by the same rules as professional debt collectors?

I don't want to be fine like $10,000 because I called him too late.
Thanks.

Let's say you tell us what happened instead of giving us a hypothetical situation that may lead to an answer that doesn't apply to your situation.

EDIT: Of course, you did raise another question: WHEN was this debt incurred?

 

[justalayman]

What is the name of your state? FL

Are Debt collection laws only for Debt collectors?

If I have a friend who has to pay me back, would I also be subject to debt collection laws?

Thanks.

That would be a first party collection. The FDCPA does not apply to first party collections, only third party collections.

 

[Zigner]

That would be a first party collection. The FDCPA does not apply to first party collections, only third party collections.

True, but there are other laws that may apply, depending on the questions I asked.

EDIT: Well, depending on the answers to the questions I asked

 

[ajkroy]

I think he was asking about calling time of day, not statute of limitations. I could be wrong.

 

[TNMTforeverhere]

I think he was asking about calling time of day, not statute of limitations. I could be wrong.

I was talking about calling time of day. I wanted to know if all those rules that if you violate and you get hit with thousand dollars in fines applied to a private citizen calling up someone he shared a lunch with or a co-worker who borrowed a few bucks. That kind of thing.

 

[Zigner]

...and this is why we don't do hypotheticals...

 

[justalayman]

Not as a law regarding collections itself. You would be subject to the same laws regarding harassment as any other person is though

 

[TNMTforeverhere]

Not as a law regarding collections itself. You would be subject to the same laws regarding harassment as any other person is though

Harassment being as in threats of violence,etc...? Just calling someone is not considered harassment is it?

 

[justalayman]

Harassment being as in threats of violence,etc...? Just calling someone is not considered harassment is it?

Whatever the pertinent states defines as harassment.

 

[PayrollHRGuy]

Here's the FL law that covers harassment.

https://www.flsenate.gov/laws/statutes/2011/784.048

 

[adjusterjack]

Dunning (that's the word), by the original creditor, for a debt is not harassment no matter how aggressive it is. If dunning makes a debtor nervous, uncomfortable, threatened or fearful, he can damned well pay up and it'll stop.

 

[Zigner]

Dunning (that's the word), by the original creditor, for a debt is not harassment no matter how aggressive it is. If dunning makes a debtor nervous, uncomfortable, threatened or fearful, he can damned well pay up and it'll stop.

I disagree. If the OP violates the anti-harassment laws, he certainly can be found guilty of violating them. Of course, the devil will be in the details.

EDIT: I'm pretty sure that the OP can't legally hire Guido to break the guy's legs...