Without a state fair debt collection law, victims of Kansas debt collection violation should refer to the federal Fair Debt Collection Practices Act (FDCPA) if they want to pursue a complaint. Some rules include:
- Debt collector cannot publish or post your name
- Collectors may only contact debtors between 8am and 9pm unless you indicate otherwise
- If you are being represented by an attorney, the debt collector must communicate with you through your lawyer
- Creditor initiated calls must be made between the hours of 8am and 9pm (unless you indicate otherwise)
- Collectors must send all correspondence in an unmarked envelope--no postcards or stamps outside the envelope indicating it is from a collections agency
- The collector cannot misrepresent documents by making correspondence appear to be legal documents when its not
- Collectors cannot charge you fees or collect an amount greater than what you owe
- Debt can be disputed in writing within 30 days of receiving the first notice--the collector cannot contact you again until your notification mails
Consumers in Kansas have the right to sue a debt collection agency if it violates the law. You can receive up to $1,000 in damages for a successful lawsuit, which covers attorney fees and actual expenses.
Kansas Statue of Limitations (SOL)
Kansas debtors can be pursued by creditors for up to three-years (SOL) on open accounts such as credit cards. For written contracts creditors can pursue you for up to five years.
In Kansas, federal law applies in terms of exemptions and non exemptions. However, here are some non-wage/salary areas that are exempt:
- Pensions and retirement benefits--Kansas has exemptions for state workers, county and municipal employees as well as protecting private pensions and other retirement benefits
- Public benefits/assistance-- workers’ compensation, unemployment, aid to families with dependent children and disability are exempt in Kansas
- Kansas provides less protection on insurance and disability benefits
Kansas Credit Card Debt Relief Act of 2010
The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:
- The number of fraudulent or weak performing credit card companies are gone
- Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
- Increased, open communication from creditors--more information is provided to help you eliminate your loans
- Debt settlement companies cannot request upfront fees from clients