In honor of the enduring spirit of liberty, the following article is rendered in both the voice of our nation’s constitutional framers and our 21st century lens. Though the language reflects another century, the message is timely. Just as the Founders stood against tyranny in 1776, this writing stands for the modern American burdened by unlawful debt collection practices.
This Day of Independence, July the Fourth, in the Year of our Lord Two Thousand and Twenty-Five, let it be resolved by the People, that the scourge of unjust, oppressive, and abusive collection hath no place in a free Republic.
That whereas many Citizens of these United States have fallen into Debts through misfortune, necessity, or deception, yet still retain the Dignity of their Liberty and the full measure of their Rights under Law — it is necessary that their grievances be redressed and protections made known. Therefore we do set forth and solemnly affirm the following Articles, by which the Conduct of third-party debt collectors shall be judged, and the Rights of the Debtor preserved under the auspices of the Fair Debt Collection Practices Act (hereafter referred to as the FDCPA), duly enacted for the benefit of the People.Article I
That No Collector Shall Assail the Peace of the Citizen at Inconvenient Hours
Be it enacted, that no Man, Agent, nor Officer engaged in the collection of debt may ring, call, or otherwise disturb the Household or Employment of a Citizen before the rising of the sun at Eight, nor after the descent thereof at Nine, lest he violate the boundaries of civility. If the Citizen requesteth in writing that contact cease, such request shall be honored henceforth, save for lawful notice.
Article II
That the Collector Must Reveal the Truth of the Debt Within Five Days Hence
Within the term of five days from first contact, the Collector is bound both by the statutes of law and the obligations of honor to furnish the Debtor with the following particulars:
- The full sum alleged to be owed by the Citizen
- The name of the original Creditor from whom said obligation arose
- Clear notice of the Debtor’s right to contest the claim within the time allotted by law
Should the Collector fail in this duty, or continue his pursuit without validation, he hath erred against the FDCPA.
Article III
That Deception and Threats Are Condemned by Law and Conscience
Let no Collector make threats of imprisonment, or claim to bear the title of Attorney, Officer of the Court, or Agent of the State when he is not so empowered. Neither shall he send missives resembling Writs or Summonses, nor utter falsehoods regarding sums owed or the consequences of inaction.
To do so is to deceive the People and degrade the sanctity of the Republic.
Article IV
That the Debtor May Challenge the Debt, and Thereby Demand Silence
Within thirty days of receiving the Collector’s validation notice, the Citizen may write to dispute the debt in full or in part. Upon such disputation, all attempts to collect must halt until proper verification is supplied.
Should the Citizen wish no further contact, he may dispatch a letter demanding cessation, upon which the Collector shall henceforth remain silent, save to convey notice of suit.
Article V
That Legal Representation Shall Serve as Shield and Voice of the People
When the Citizen appointeth a Counselor, all Collectors must henceforth speak only through said legal Advocate. From that moment, the Collector may no longer address the Debtor directly.
At Guardian, our firm doth stand as such Defender, ensuring the People are neither harassed, tricked, nor overpowered.
Article VI
That the FDCPA Be Not a Mere Suggestion, But a Binding Law
Collectors found in breach of the FDCPA may be brought before the Court, and the Citizen wronged may be awarded:
- Monetary recompense in an amount not exceeding one thousand Dollars, as prescribed by statute
- Further satisfaction for distress of the mind or injury of the spirit, where such harm be proven
- Restoration of all lawful expenses borne in the pursuit of justice, including fees rendered unto Counsel
Such justice affirms that the Law is not made in vain, and the liberty of the Debtor shall not be trifled with.
Article VII
That Ignorance of the Law Profiteth the Oppressor
Too oft hath it been witnessed that the Collector thriveth not by justice, but by secrecy. The FDCPA is known to few, and thus abused by many. Let it be published, taught, and enforced, that the yoke of fear be lifted from the shoulders of honest Citizens.
Article VIII
That the Right to Dispute, to be Treated with Respect, and to Demand Evidence Shall Be Everlasting
We affirm that these rights are not the gift of collection agencies, but the lawful inheritance of every American, as certain and inalienable as any granted by the FDCPA and thine law itself.
Addendum of Queries of the Common People
I wish to travel West, to California… shall the protections of the FDCPA follow me there? Or are the laws of that land of a different cloth?
A noble question, indeed. The FDCPA, being federal, doth stretch its shield across all states, safeguarding citizens from third-party collectors. Yet in the land of California, the people have seen fit to strengthen the ramparts. There, the Rosenthal Act standeth beside the FDCPA, extending protection not only from hired agents, but also from the original holders of the debt themselves. Thus, in California, the law speaketh louder, and the rights of debtor-citizens are made even more secure.
May a Collector approach my kinsfolk, neighbors, or fellow townsmen?
Only once, and solely for the purpose of locating thee. To speak of thy debt, to repeat such contact, or to spread news of thy private affairs is a violation most foul. Guardian counsels thee to take note of such infractions, that they may be addressed in the Courts of Justice.
Must a Collector furnish proof of a debt upon request?
Indeed. If they fail to validate the debt, they may not lawfully proceed in collection. Many debts are old, expired, or unsubstantiated. Only challenge and counsel shall reveal the truth.
Do I require an attorney to act under the FDCPA?
While not required by law, a Counselor learned in debt defense may find violations you do not see, and recover what alone you could not.
May a Citizen bring suit against a Collector for injuries of the mind or spirit?
Indeed. Should the Collector’s actions be so grievous as to cause deep anxiety, anguish of the soul, or public humiliation, the Citizen may find redress not only through statutory recompense, but also through pursuit of additional damages under the laws of his State.
How long may a Citizen wait before seeking relief under the FDCPA?
The Law permiteth but one year from the time of transgression for an action to be brought forth. Delay is the enemy of justice.
May the Collector enlarge the sum owed with fees not agreed to?
Nay. No man may add to thy burden except as permitted by lawful contract or State decree. If the Collector demandeth sums not rightfully owed, Guardian shall object on thy behalf and strike down such unlawful charges.
What if my debt hath been discharged by Bankruptcy, yet the Collector pursueth me still?
To collect upon a debt that hath been lawfully discharged is a violation both of the FDCPA and the sacred protections of Bankruptcy. Such conduct shall not be tolerated. Guardian will petition the proper authorities, demand cessation, and seek justice for the Citizen thus wronged.
A Declaration from Guardian, Faithful Advocate and Defender of the People
Let it be known henceforth,
That no man nor woman shall suffer in quiet submission, nor endure the assaults of harassment under the mistaken belief that such tyranny is lawful.
The Fair Debt Collection Practices Act is not a parchment to be admired, but a shield to be lifted, and lifted it shall be, by Guardian Litigation Group, who taketh not a passive hand in matters of justice, but wieldeth the law as sword and standard for the People.
If the clamor of collectors troubleth thine ear, if false words and shadowed threats disturb thy household peace,
Come forth. Speak unto us.
For we shall answer with voice unshaken, defend with might unyielding, and falter not in our duty.
Let it be remembered:
Justice is no privilege of the wealthy and crowned. It is the birthright of every citizen, and it shall not be denied.
The information provided in this blog article is for informational and entertainment purposes only and should not be construed as legal advice. It is not intended to create an attorney-client relationship.
