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Second Notice to Debt Collector of Harassment or Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor

State:
Multi-State
Control #:
US-DCPA-18.2BG
Format:
Word; 
Rich Text
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Description

This form is a follow-up letter containing a warning that the debt collector's continued violation of the Fair Debt Collection Practices Act may result in a law suit being filed against the debt collector.

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FAQ

Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.

The definition of debt collection harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment could come in the form of emails, texts, direct mail or talking to friends or neighbors about your debt.

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

When a Debt Collector Calls, How Should You Answer? The phone call from a debt collector never comes at a good timebut the best response is to confront the state of these affairs head-on. You may want to hide or ignore the situation and hope it goes awaybut that can make things worse.

If you pay the collection agency directly, the debt is removed from your credit report in six years from the date of payment. If you don't pay, it purges six years from the last activity date, but you may be at risk for wage garnishment.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

Refused Offers A creditor isn't required to negotiate a settlement offer with a debtor, according to the Federal Trade Commission, but does so at its own discretion. This applies to a collection agency as well.The agency can choose to refuse your settlement offer and instead request payment of the debt in full.

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Second Notice to Debt Collector of Harassment or Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor