Arkansas Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

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Multi-State
Control #:
US-DCPA-31
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Word; 
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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.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes:
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment.

    A debt collector may not shame a consumer into paying their debt by publicizing it.

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    FAQ

    Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

    The statute of limitations in Arkansas for the typical credit card debt is 5 years. Any promise to the creditor to pay even a reduced payment may revive the debt so that the statute of limitations no longer bars collection.

    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.

    Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

    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.

    Federal law also exempts the following from garnishment: Social Security, SSI, Veteran's benefits, AFDC (welfare), unemployment compensation, and worker's compensation.

    In cases against consumers for unpaid debts, the statute of limitations is three years in Arkansas. To achieve this short statute of limitations period, it must be filed as breach of contract claims, and there cannot be proof in writing, under A.C.A. 16- 56-105.

    The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.

    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.

    Although the statute of limitations is different in each state, on average in Arkansas it is around five years. When the statute of limitations has been reached your debt is considered time-barred.

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    Arkansas Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment