CA-USA’s debt recovery services in Indiana are designed to offer a professional, compliant, and effective approach to collections. Licensed in Indiana and well-versed in both state and federal regulations, such as the Fair Debt Collection Practices Act (FDCPA) and the Indiana Uniform Consumer Credit Code, CA-USA ensures all debt collection processes are handled with respect and care.
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Our services focus on a combination of friendly reminder notices and strategic collections, helping businesses and medical offices recover debts while maintaining positive customer relationships. By prioritizing ethical practices and transparent communication, CA-USA aims to optimize recovery rates without jeopardizing the client’s reputation.
Collection Laws in Indiana
Understanding the legal framework governing debt collection in Indiana helps ensure compliance and ethical practices.
- Indiana Uniform Consumer Credit Code (UCCC):
- Citation: Indiana Code Title 24, Article 4.5
- Overview: Regulates consumer credit transactions and provides guidelines for debt collection practices, including limitations on communication and prohibited actions.
- Fair Debt Collection Practices Act (FDCPA):
- Citation: 15 U.S.C. §§ 1692-1692p
- Overview: A federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices. Applicable nationwide, including Indiana.
- Indiana Collection Agency Act:
- Citation: Indiana Code § 25-11
- Overview: Requires collection agencies to be licensed and outlines regulations they must follow, including bonding requirements and grounds for disciplinary action.
- Indiana Deceptive Consumer Sales Act:
- Citation: Indiana Code § 24-5-0.5
- Overview: Protects consumers from deceptive, unfair, or abusive practices in sales and services, which can include certain debt collection activities.
- Statute of Limitations on Debt:
- Written Contracts: 10 years
- Oral Contracts and Open Accounts: 6 years
- Citation: Indiana Code § 34-11-2
- Overview: Limits the time frame within which legal action can be taken to collect a debt.
- Wage Garnishment Laws:
- Limits on Garnishment: The lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage.
- Citation: Indiana Code § 24-4.5-5-105
- Overview: Sets the maximum amount that can be garnished from a debtor’s wages.
- Interest Rates on Debt:
- Maximum Allowed: Varies depending on the type of debt and agreement.
- Citation: Indiana Code § 24-4.6
- Overview: Regulates the interest rates that can be charged on debts, preventing usurious rates.
- Prohibited Practices:
- Harassment and Abuse: Prohibited from using threats, obscene language, or repeatedly calling to annoy.
- False Representation: Cannot misrepresent the amount owed or pose as an attorney if they are not.
- Citation: Under both FDCPA and Indiana UCCC.
- Medical Debt Specific Regulations:
- HIPAA Compliance: Agencies must comply with federal HIPAA laws when handling medical debts to protect patient privacy.
- Consent Requirements: Certain communications may require patient consent due to privacy laws.
- Indiana Small Claims Court Procedures:
- Jurisdiction Limit: Claims up to $8,000.
- Citation: Indiana Small Claims Rules.
- Overview: Provides a simplified court process for collecting smaller debts.
Choosing the right collection agency requires ensuring legal compliance, ethical practices, effective debt recovery and protecting your business’s reputation.