A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes using a document designed to falsely imply that it issued from a state or federal source or creates a false impression as to its source, authorization or approval.
Arkansas Notice to Debt Collector - Falsely Representing a Document's Authority
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Multi-State
Control #:
US-DCPA-39
Format:
Word;
Rich Text
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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.
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FAQ
If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).
Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).
A debt collector's No. 1 goal is to collect their missing funds. They can't curse at you or make empty threats, but they can say other things to try and scare you into paying up. Staying calm, keeping the call short and keeping your comments to a minimum are the best ways to deal with persistent bill collectors.
Honesty: Debt collectors cannot mislead you about who they are, how much money you owe or the legal repercussions of not paying your debt for instance, by threatening arrest. Challenging the debt: You have a right to dispute the debt.
The creditor has to prove who the borrower is These include: Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.
Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.
The statute of limitations for most debts, under Arkansas law, ranges from two to five years. Debt collectors are not allowed to call you at work. Ever. If they call after you have asked them to stop, you may have a claim under the Fair Debt Collection Practices Act.
Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and other information. If you're still uncertain about the debt you're being asked to pay, you can send the debt collector a debt verification letter requesting more information.
