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Fair Debt Collections Practices Act
Handbook and Forms Package

This package contains a handbook and forms for use in connection with the Fair Debt Collections Practices FDCPA for use by businesses or debtors.





HANDBOOK TABLE OF CONTENTS

HISTORY 3
DEALING WITH DEBT COLLECTORS 5
INTRODUCTION 5
PURPOSE OF THE FDCPA 5
WHAT IS A DEBT COLLECTOR? 5
LIMITS OF APPLICABILITY 5
THREE LEVELS OF ENFORCEMENT 6
GETTING STARTED 6
HOW AND WHEN A DEBT COLLECTOR MAY COMMUNICATE WITH YOU 7
A DEBT COLLECTOR MUST DISCLOSE THEIR TRUE IDENTITY 7
WHEN AND WHERE A DEBT COLLECTOR MAY CONTACT YOU 7
DEMAND LETTER AND YOUR INITIAL RESPONSE 7
DEBT VERIFICATION 7
NEGOTIATING WITH DEBT COLLECTORS 9
NEGOTIATING POSITION 9
WHAT TERMS ARE IMPORTANT TO YOU? 10
ALTERNATIVES TO A NEGOTIATED AGREEMENT 10
FINDING ASSISTANCE 10
Credit Counselor 11
Mediator 11
PAYOUT AGREEMENTS 12
SIX STEPS TO ASSERTING YOUR RIGHTS WITH AN ABUSIVE DEBT COLLECTOR 12
NOTE ON MULTIPLE DEBTS 13
OVERVIEW OF THE FDCPA 14
DEFINED TERMS (Section 803) 14
COMMUNICATION 14
COMSUMER 14
CREDITOR 14
DEBT 14
DEBT COLLECTOR 15
LOCATION INFORMATION 15
ACQUIRING LOCATION INFORMATION (Section 804) 15
COMMUNICATIONS WITH CONSUMERS (Section 805) 16
COMMUNICATIONS WITH THE CONSUMER 16
CEASING COMMUNICATIONS 17
HARASSMENT OR ABUSE (Section 806) 17
FALSE OR MISLEADING MISREPRESENTATIONS (Section 807) 17
FAILURE TO DISCLOSE 18
FALESLY REPRESENTING THE DEBT COLLECTORíS IDENTITY OR AUTHORITY 18
FALSELY REPRESENTING THE DEBT OR CONSEQUENCES TO THE CONSUMER 19
THREATENING TO TAKE ACTION THE DEBT COLLECTOR CAN NOT LEGALLY TAKE OR DOES NOT INTEND TO TAKE 20
FALSELY REPRESENTING A DOCUMENTíS NATURE, SOURCE, OR AUTHORITY 20
CATCHALL - USING FALSE REPRESENTATION OR DECEPTIVE MEANS 21
UNFAIR PRACTICES (Section 808) 21
VALIDATION OF DEBTS (Section 809) 22
MULTIPLE DEBTS (Section 810) 23
LEGAL ACTIONS BY DEBT COLLECTORS (Section 811) 23
FURNISHING DECEPTIVE FORMS (Section 812) 23
CIVIL LIABILITY (Section 813) 23
ADMINISTRATIVE ENFORCEMENT (Section 814) 24
JOURNAL 26


Foms included in the package:

Letter - Communications pursuant the Fair Debt Collection Practices Act (FDCPA)
Letter - Cease communications and collection efforts pursuant the Fair Debt Collection Practices Act (FDCPA)
Letter - Harassment or abuse violating Section 806 of the Fair Debt Collection Practices Act (FDCPA)
Letter - False or misleading misrepresentations violating Section 807 of the Fair Debt Collection Practices Act (FDCPA)
Letter - Unfair practices violating Section 808 of the Fair Debt Collection Practices Act (FDCPA)
Letter - Verification of alleged debt pursuant Section 809 of the Fair Debt Collection Practices Act (FDCPA) covering validation of debts
Letter - Application of payments pursuant Section 810 of the Fair Debt Collection Practices Act