Alaska Notice to Debt Collector - Misrepresenting Someone as an Attorney

State:
Multi-State
Control #:
US-DCPA-35
Format:
Word; 
Rich Text
Instant download

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.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.

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FAQ

You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

Under federal law, a debt collector must go through your attorney if they know that you have one, so it's a good idea ? if you get legal representation ? to tell the collector the name of the attorney who is representing you and how to contact them.

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of ... Fair Debt Collection Practices Act | Federal Trade Commission Federal Trade Commission (.gov) ? legal-library ? browse ? rules Federal Trade Commission (.gov) ? legal-library ? browse ? rules

After the debt collector's response, the debt collector must not communicate or attempt to communicate further with the consumer unless the debt collector knows the consumer is not represented by an attorney with respect to the debt, either based on information from the consumer or the consumer's attorney, or unless an ... 1006.6 Communications in connection with debt collection. Consumer Financial Protection Bureau (.gov) ? regulations Consumer Financial Protection Bureau (.gov) ? regulations

A person who collects or attempts to collect defaulted debts that the person has purchased, but who does not collect or attempt to collect, directly or indirectly, debts owed or due, or asserted to be owed or due, to another, and who does not have a business the principal purpose of which is the collection of debts, is ... § 1006.2 Definitions. | Consumer Financial Protection Bureau consumerfinance.gov ? regulations consumerfinance.gov ? regulations

A debt collector is a generally a third party who has been contracted specifically to collect on your account, or someone who has purchased it from the original creditor or another debt collector or debt buyer. Debt collection key terms | Consumer Financial Protection Bureau consumerfinance.gov ? answers ? key-terms consumerfinance.gov ? answers ? key-terms

When It's Not Your Debt Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ... Dispute the debt on your credit report. ... Lodge a complaint. ... Respond to a lawsuit. ... Hire an attorney.

Here's what every debt letter should include: Date of the letter. Lawyer's name, firm, and address. Client's name and address. A subject line that states its purpose. The precise amount the client owed your firm and the date when the payment was due. Instructions on how to pay the debt and the new deadline.

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Alaska Notice to Debt Collector - Misrepresenting Someone as an Attorney