The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act also sets out strict rules regarding communicating with the debtor. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.
Alabama Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act is a legal document filed by defendants in response to a complaint made by a debtor regarding alleged harassment and violation of the Federal Fair Debt Collection Practices Act. This document provides a detailed account of the defendants' defense, seeking to refute the allegations and present their side of the story. Keywords: Alabama, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Harassing Information, Malicious Information, Federal Fair Debt Collection Practices Act Types of Alabama Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act may include: 1. General Denial: This type of answer typically denies all the allegations made by the debtor in the complaint, challenging their accuracy and validity. Defendants would provide counterarguments, presenting evidence and supporting documents to disprove the claims. 2. Affirmative Defense: In addition to denying the allegations, defendants may raise affirmative defenses. These defenses assert legal justifications or reasons why the defendants should not be held liable, demonstrating that their actions were justified or lawful under specific circumstances. 3. Counterclaims: If defendants have legitimate grievances against the debtor, they may include counterclaims in their answer. Counterclaims could be related to any outstanding debt owed by the debtor, bringing a new legal action against the debtor to collect the debt owed. 4. Statute of Limitations: Defendants may argue that the debtor's claims are time-barred, asserting that the legal time frame within which the debtor could file the complaint has expired. This defense aims to dismiss the case based on the expiration of the statute of limitations. Remember, this content is a general guide and should not be considered as legal advice. It is always recommended consulting with a qualified attorney for specific legal matters in Alabama.
