FDCPA Legal Actions and Court Procedures 2

Question 1

What must a debt collector do before taking legal action to collect a debt that was purchased from another collector?

Accepted Answer

Verify they have proper documentation of the debt and right to collect

Answer

A collector pursuing a purchased debt must ensure they have the legal right to collect and sufficient documentation to support any legal action.

Question 2

A consumer receives a summons from a collection lawsuit they were unaware of. The consumer has 30 days to respond. Does the FDCPA's validation period overlap with this?

Accepted Answer

The FDCPA validation period runs separately from court deadlines — both must be met

Answer

The FDCPA validation period and court-imposed response deadlines operate independently — missing either can harm the consumer.

Question 3

Can a debt collector threaten to have a consumer criminally prosecuted for writing a bad check?

Accepted Answer

Only if the collector refers the matter to the appropriate prosecutor and does not make empty threats

Answer

Threatening criminal prosecution is only permissible when the collector actually refers the matter to a prosecutor — empty threats are FDCPA violations.

Question 4

A debt collector's attorney sends a collection letter. Are attorneys who regularly send collection letters on behalf of collectors covered by the FDCPA?

Accepted Answer

Yes, attorneys regularly engaged in debt collection are debt collectors under the FDCPA

Answer

The Supreme Court held in Heintz v. Jenkins that attorneys regularly engaged in debt collection are debt collectors subject to the FDCPA.

Question 5

A collector wins a court judgment against a consumer. Can the collector use the judgment to seize the consumer's Social Security benefits?

Accepted Answer

No, Social Security benefits are federally exempt from garnishment for private debts

Answer

Federal law protects Social Security benefits from garnishment for ordinary private debts, regardless of any state judgment.

FDCPA - Fair Debt Collection Practices Act Practice Test

FDCPA - Fair Debt Collection Practices Act Practice Test

FDCPA Legal Actions and Court Procedures 2