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Notice of Violation of Fair Debt Act - Improper Contact at Work

Alabama Notice of Violation of Fair Debt Act - Improper Contact at Work

Name: Alabama Notice of Violation of Fair Debt Act - Improper Contact at Work
Brand: US Legal Forms
Rating: 4.88 (292 reviews)

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-3

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Instant download

Description

This form is for use by debtors in unfair collection practice situations, a Notice of Violation of Fair Debt Act regarding Improper Contact at Work. It is available in Word or Rich Text format.

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How to fill out Alabama Notice Of Violation Of Fair Debt Act - Improper Contact At Work?

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FAQ

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

5 Things Debt Collectors Are Forbidden to DoPretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement.Threaten to Have You Arrested.Publicly Shame You.Try to Collect Debt You Don't Owe.Harass You.

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

The law makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also cannot lie or use profane or obscene language. Additionally, debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court.

Typically a debt collector should not contact you through your workplace unless you request them to, or if you haven't given them any other effective way to contact you. If a debt collector does contact you at work, they must not reveal information about your financial situation to others.

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.

The FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, and engaging in unfair practices.

The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

More info

The complete text of the Fair Debt Collections Practices Act (FDCPA)If they continue to call you at work, they're violating the FDCPA. Debtor/defendant to assert affirmative Fair Debt Collection Practices Actcontinuing to sue the wrong person once put on notice. Montgomery.59 pages debtor/defendant to assert affirmative Fair Debt Collection Practices Actcontinuing to sue the wrong person once put on notice. Montgomery.The tenant notice to vacate the unit because of a lease violation(s). A tenant whoin the lease. HUD encourages owners to work with tenants and utilize.29 pages the tenant notice to vacate the unit because of a lease violation(s). A tenant whoin the lease. HUD encourages owners to work with tenants and utilize. They must follow the law. If not, you could sue the debt collector for violating consumer protection laws. What Types of Debt Collection Practices Are Not ... Never ignore or tear up notices or legal papers from your landlord or the court.you violated your lease or broke the law (for example, you sold drugs ... has prepared the following complete text of the Fair Debt Collection. Practices Act805 Communication in connection with debt collection.28 pagesMissing: Alabama ? Must include: Alabama ? has prepared the following complete text of the Fair Debt Collection. Practices Act805 Communication in connection with debt collection. Page 0 Notice of Violation of Fair Debt Act - Improper Contact at Work previewWhat happens when there is violation of a professional code? Workplace ... For Instance, Can a Debt Collector Call You at Work?That's thanks to the Fair Debt Collection Practices Act. That's thanks to the Fair ... A court proceeding is not a requisite of due process. Administrative and executive proceedings are not judicial, yet they may satisfy the Due Process Clause. You can always call your regional ADA Center at 800.949.4232 with questions orIf an employee with a disability violates a workplace conduct standard, ...

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Notice of Violation of Fair Debt Act - Improper Contact at Work

FEDERAL FAIR DEBT COLLECTION ACT

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Note: This summary is not intended to be an all inclusive summary of the Fair Debt Collection Practices Act but does include many issues.

Who Is a Debt Collector?

According to the Federal Fair Debt Collection Act, a debt collector is any person, other than the creditor, who regularly collects debts owed to others. Federal Fair Debt Collection Act was amended in 1986 to include attorneys who collect debt on a regular basis. However, this amendment does not apply to attorneys who only handle debt collection matters a few times a year.

What Debts Are Covered?

Personal, family, and household debts are covered under the Act. This includes money owed for medical care, charge accounts, and even car purchases.

How May a Debt Collector Contact You?

A debt collector may contact you in person, by mail, telephone, or telegram. However, a debt collector may not contact you at inconvenient or unusual times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the debt collector has reason to know that your employer disapproves.

Can You Stop a Debt Collector From Contacting You?

You may stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to notify you that some specific action will be taken, which could include the instigation of legal action.

May a Debt Collector Contact Any Other Person Concerning Your Debt?

A collector can only contact you and your attorney. Generally, the collector is not allowed to tell anyone other than you and your attorney that you owe money. If you do not have an attorney, the debt collector may contact other people, but only to find out where you live or work. Furthermore, the collector is usually prohibited from contacting any person, other than you or your attorney, more than once.

What Is the Debt Collector Required To Tell You About the Debt?

Within five days after you are first contacted, the debt collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what to do if you believe you do not owe the money.

If You Believe You Do Not Owe the Money, May a Debt Collector Continue To Contact You?

The debt collector may not contact you if, within 30 days after you are first contacted, you send the collector a letter saying you do not owe the money. However, a debt collector can begin collection activities again if you are sent proof of the debt, such as a copy of the bill.

What Types Of Debt Collection Practices Are Prohibited?

Harassment:

Debt collectors may not harass, oppress, or abuse any person. Debt collectors may not: (a) Use threats of violence or harm to the person, property, or reputation. (b) Advertise your debt or publish a list of consumers who refuse to pay their debts (except to a credit bureau). (c) Use obscene or profane language. (d) Repeatedly use the telephone to annoy someone. (e) Telephone people without identifying themselves.

False statements.

Debt collectors may not use any false statements when collecting a debt. Debt collectors may not: (a) Falsely imply that they are an attorney or government representative. (b) Falsely imply that you have committed a crime. (c) Falsely represent that they operate or work for a credit bureau. (d) Misrepresent the amount of the debt. (e) Indicate that papers being sent are legal forms when they are not. (f) Indicate that papers being sent are not legal forms when they are.

Debt collectors may not say that:

(a) You will be arrested if you do not pay your debt. (b) They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so, and it is legal. (c) Actions will be taken against you which legally may not be taken.

Debt collectors may not:

(a) Give false credit information about you to anyone. (b) Send you anything that looks like an official document from a court or government agency when it is not. (c) Use a false name.

Unfair Practices.

Debt collectors may not engage in unfair practices in attempting to collect a debt. Debt collectors may not: (a) Collect any amount greater than your debt, unless allowed by law. (b) Deposit a post-dated check before the date on the check. (c) Make you accept collect calls or pay for telegrams. (d) Take or threaten to take your property unless this can be done legally. (e) Contact you by postcard.

What Control Do You Have Over Payment Of Debts?

If you owe several debts, any payment you make must be applied to the debt you choose. A debt collector may not apply a payment to any debt you believe you do not owe.

What Can You Do If You Believe a Debt Collector Broke the Law?

You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damage you suffered, plus court costs and attorney's fees. A group of people may sue a debt collector and recover money for damages up to $500,000 or one percent of the collector's net worth, whichever is less.

Additional Summary:

Attorneys or law firms that engage in traditional debt collection activities (sending dunning letters, making collection calls to consumers) are covered by the FDCPA, but those whose practice is limited to legal activities are not covered.

Similarly, filing or service of a complaint or other legal paper (or transmission of a notice that is a legal prerequisite to enforcement of a debt) is not a "communication" covered by the FDCPA, but traditional collection efforts are covered.

A student loan is a "debt" covered by the FDCPA; however, alimony, tort claims, and non-pecuniary obligations are not covered.

A salaried attorney who collects debts on behalf of, and in the name of, his creditor employer, and a state educational agency that collects student loans, are exempt from coverage by the FDCPA.

Debt collectors (including attorney debt collectors) are subject to the venue limitations of the FDCPA.

An attorney debt collector, who represents either (1) a creditor or (2) a debt collector that previously tried to collect an account, may report his collection efforts to the debt collector.

An attorney may communicate with a witness in a lawsuit that has been filed.

A debt collector may provide a list of consumers, against whom judgments have been entered, to an investigator in order to locate such individuals.

A debt collector may place a public notice required by law as a prerequisite to enforcing the debt.

An attorney debt collector must provide the required validation notice, even if a previous debt collector (or the creditor) has given such notice.

A debt collector does not comply with the obligation to verify the debt simply by including proof with the first communication to the consumer.

An attorney debt collector may take legal action within 30 days of sending the required validation notice, regardless of whether the consumer disputes the debt; if the consumer disputes the debt, the attorney may still take legal action but must cease other collection efforts (e.g., letters or calls to the consumer) until verification is obtained and mailed to the consumer.

Reference: Consumer Credit Protection Act and Fair Debt Collection Practices Act See 15 U.S.C. 1601 et seq.