Debt Collector Calling For Family Member

State:
Multi-State
Control #:
US-DCPA-19.13BG
Format:
Word; 
Rich Text
Instant download

Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."


It is a violation of the Fair Debt Collection Practices Act to contact a consumer debtor's employer for a purpose other than to obtain location information.

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  • Preview Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer
  • Preview Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer

How to fill out Letter Informing Debt Collector Of False Or Misleading Misrepresentations In Collection Activities - Threatening To Take An Action That Cannot Legally Be Taken Or That Is Not Intended To Be Taken - Contacting The Consumer’s Employer?

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FAQ

Your best tool toward getting a debt paid is to communicate with the borrower. Don't let the problem fester. Active communication is the most effective collection method. You should let your family member know your concerns about repayment, and ask if they can give you a possible date of payment.

Debt collectors cannot demand payment from family or friends It is illegal for a debt collector to try and collect a debt from a family member or friend that does not owe the debt. For example, if a spouse incurs a credit card debt, the other spouse is generally not responsible unless they were a co-signer on the debt.

Debt collectors can only call once Once a debt collector knows they have called the wrong party, they have to stop calling that person. If you receive a debt collection phone call for someone else, and you tell the debt collector that you are not that consumer, the debt collector should stop calling you.

A neighbor, friend, family member, employer, spouse, ex-spouse, or someone else who knows you may have given your number to the debt collector. Debt collectors use a process called "skip tracing" to get phone numbers and other contact information for people who owe debts.

Don't give a collector any personal financial information, make a "good faith" payment, make promises to pay, or admit the debt is valid.

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Debt Collector Calling For Family Member