Iowa Debt Collection Laws

Iowa Debt Collection Laws

The Iowa Fair Debt Collection Practices Act protects consumers from abusive and deceptive debt collection practices. Unlike the federal FDCPA, the Iowa FDCPA applies to credit card banks or businesses collecting their own debts. Unfortunately, many collectors ignore the law and will repeatedly violate your rights if you let them. If you are being abused by a debt collector, contact us.

Common Violations of the Iowa FDCPA include:

Calling consumers at work when the debt collector knows or should know the consumer is not permitted to have calls.

Disclosing the debt to neighbors, friends, family members, employers (with exceptions) or others not legally responsible for paying the debt. Disclosure of your debt to a repo man or police officer during a car repossession is probably prohibited.

Contacting the consumer when it is, or should be known the consumer is represented by an attorney. (An inexpensive no contact letter from a lawyer is the fastest way to get phone calls stopped. Contact us about sending your creditor or the collector a cease communication letter.)

Causing the telephone to ring or engaging a person in a telephone conversation repeatedly, with the intent to annoy, abuse or harass.

Using obscene or insulting language that is intended to abuse the consumer (for example: a debt collector cannot swear at you or be insulting or demeaning).

Calling at inconvenient times or before 8 a.m. or after 9 p.m. 7 days a week.

Threatening to take actions that cannot legally be taken or that the debt collector does not intend to take. This commonly includes false threats to file lawsuit or to garnish Social Security or other exempt funds.

Threatening to file a lawsuit on an old debt beyond the Statute of Limitations (probably  five years for credit card debt in Iowa).

What the Johnson Law Firm May be Able to do For You:

Require the debt collector to stop all contact with you immediately. The Johnson Law Firm can send a letter to the debt collector informing it you are represented by an attorney and all communication with you should stop immediately. If the collector calls or otherwise contacts you it is a violation of the Iowa Fair Debt Collection Practices Act and you are entitled to up to $1,000.

In some cases the Johnson Law Firm may be able to assist you in reducing or completely eliminating your debt. We do debt settlement. Unlike most debt settlement companies, I am a lawyer licensed to practice law in Iowa and can represent you if you get sued. With debt settlement companies, you are usually on you own once a collection lawsuit is filed. In other words, at the time you need them the most, they cut and run.

Recover damages for Violation of the Iowa or Federal Fair Debt Collection Practices Act.

Make the debt collector engaging in unfair debt collection pay your attorney’s fees. If you have an unfair debt collection claim against a debt collector the Iowa Fair Debt Collection Practices Act is a fee shifting statute that requires the debt collector to pay your attorney’s fees if you prevail in litigation.

If you believe a collector has violated the Iowa Fair Debt Collection Practices Act, contact us to discuss how we can help.