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 posing a lengthy series of questions or comments to the consumer without giving the consumer a chance to reply.
California Notice to Debt Collector - Posing Lengthy Series of Questions or Comments
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US-DCPA-30
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How to fill out Notice To Debt Collector - Posing Lengthy Series Of Questions Or Comments?
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FAQ
Top 7 Debt Collector Scare TacticsExcessive Amount of Calls.Threatening Wage Garnishment.Stating You Have a Deadline.Collecting Old Debts.Pushing You to Pay Your Debt to Improve Your Credit ScoreStating They Do Not Need to Prove Your Debt ExistsSharing Your Debt With Family and Friends.
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.
Debt collectors have a reputationin some cases a well-deserved onefor being obnoxious, rude, and even scary while trying to get borrowers to pay up. The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law.
As of Nov. 30, 2021, debt collectors have new options for how they may communicate with you about debts they're trying to collect. Now they can text you. Text messages, along with emailing and direct messages on social media, are allowed as part of an update to the Fair Debt Collection Practices Act (FDCPA).
3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex.Bank Account Information.Credit Card Number.Social Security Number.
If you choose not to speak with a debt collector over the phone or in writing about a debt, collection activity can still take place. You continue to run the risk of fees and finance charges, as well as being sued or the debt being reported as delinquent to the credit reporting companies.
You only need to say a few things:This is not a good time. Please call back at 6.I don't believe I owe this debt. Can you send information on it?I prefer to pay the original creditor. Give me your address so I can send you a cease and desist letter.My employer does not allow me to take these calls at work.
You are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.
California has a statute of limitations of four years for most types of debt (20 years for state tax debt). The only exception are debts taken on via an oral contract, which are subject to a statute of limitations of two years. Be careful about paying or promising to pay debts that exceed the statute of limitations.
Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.
