This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alabama Complaint for Refusal to Pay Debt - Breach of Oral or Implied Contracts
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US-01644BG
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How to fill out Complaint For Refusal To Pay Debt - Breach Of Oral Or Implied Contracts?
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FAQ
The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot use abusive or deceptive tactics to collect debts. In particular, the FDCPA prohibits debt collectors from: Making repeated abusive or harassing calls to debtors. Using obscene language.
The California statute is called the Rosenthal Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process.
Alabama state law (AL Code § 6-2-37) says that debt collectors have 3 years to file a debt collection lawsuit on an open account, such as a credit card account. The clock starts ticking 3 years from the date of the last action on the account in question.
In Alabama, a verbal agreement is binding; however, when disputes arise between people who are relying on a verbal agreement, the interpretation and/or existence of these agreements winds up in court. So, although verbal agreements are binding, they are sometimes dangerous and costly.
The California Fair Debt Collection Practices Act is known to lawyers as the Rosenthal Fair Debt Collection Practices Act. This law protects California consumers from any unfair, deceptive, or harassing debt collection practice. You can read the law starting at California Civil Code § 1788.1.
A collector cannot use threats of violence or harm, repeatedly call to annoy you, or lie or mislead you. Lies or misleading behavior include the suggestion that you have committed a crime, overstating the amount of your debt, or threatening to garnish your wages unless they already have a judgment against you.
Unlike the federal FDCPA, which covers only debt collectors engaging in collections for others, the Rosenthal Act covers original creditors collecting their own debts.
