A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes failing to disclose in the initial communication with the consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose (Mini Miranda)
Mini Miranda Debt Collection Script With Arguments
Category:
State:
Multi-State
Control #:
US-DCPA-34
Format:
Word;
Rich Text
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Description
Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.
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How to fill out Notice To Debt Collector - Failure To Provide Mini-Miranda?
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FAQ
You should dispute a debt if you believe you don't owe it or the information and amount is incorrect. While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector.
You should dispute a debt if you believe you don't owe it or the information and amount is incorrect. While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector.
If you doubt that you owe a debt, or that the amount owed is not accurate, your best recourse is to send a debt dispute letter to the collection agency asking that the debt be validated. ?An effective debt-dispute letter must be clear and concise,? says Daniel Chan, Chief Technology Officer for Marketplace Fairness.
The Mini Miranda must contain the following words or represent their meaning. "Hello, my name is (name of collector). I am/or this office is a debt collector representing (creditor) Information obtained during this communication will be used for the purpose of debt collection."
If the collection agency phones the debtor, the Mini-Miranda rights require the collector to inform the debtor that the call is from a debt collector, that they are calling to collect a debt, and that any information obtained during the phone call will be used to achieve this goal.