Arkansas Letter Informing Debt Collector of Unfair Practices in Collection Activities - Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law

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US-DCPA-20.1BG
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Word; 
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Description

Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692f, provides, in part, as follows:


"A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."

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FAQ

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

Here are a few suggestions that might work in your favor: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.

If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, you can dispute them and have them removed.

Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.

Here's what to do:Get a copy of your credit report from each major credit bureauEquifax, Experian and TransUnion.List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item.Write a dispute letter and send it to each credit bureau.More items...?

If you're wondering how to win a debt collection lawsuit against you, here are six steps you can take.Respond to the Lawsuit.Challenge the Collection Agency's Right to Sue You.Hire an Attorney.File a Countersuit.Attempt to Settle the Debt.File for Bankruptcy.The Bottom Line.

The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

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.

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Arkansas Letter Informing Debt Collector of Unfair Practices in Collection Activities - Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law