California Notice to Debt Collector - Misrepresenting Someone as an Attorney

State:
Multi-State
Control #:
US-DCPA-35
Format:
Word; 
Rich Text
Instant download

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.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.

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FAQ

If you're sued for an unpaid debt, you should respond to the lawsuit, either personally or through a lawyer by the date specified in the court papers. If you have been sued or ?served? by a creditor or debt collector for an overdue debt, read the lawsuit carefully and respond by the required deadlines.

Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector. Should I share personal information with a debt collector? consumerfinance.gov ? ask-cfpb ? should-i-... consumerfinance.gov ? ask-cfpb ? should-i-...

The California statute is called the Rosenthal Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process. SUMMARY OF THE FAIR DEBT COLLECTION PRACTICES ... Marin County ? consumer-guides Marin County ? consumer-guides PDF

If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.

You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you. Respond to a debt lawsuit | California Courts | Self Help Guide ca.gov ? debt-lawsuits ? respond ca.gov ? debt-lawsuits ? respond

What to do if a debt collector sues you Challenge the lawsuit. Best option if: The debt collection lawsuit contains incorrect information, the statute of limitations has passed or you've already paid the debt. ... Negotiate an out-of-court settlement. ... Determine if you're exempt. ... File for bankruptcy.

Are debt collectors persistently trying to get you to pay what you owe them? Use this 11-word phrase to stop debt collectors: ?Please cease and desist all calls and contact with me immediately.? You can use this phrase over the phone, in an email or letter, or both. Use This 11-Word Phrase to Stop Debt Collectors farmermorris.com ? faqs ? 11-word-phrase-t... farmermorris.com ? faqs ? 11-word-phrase-t...

If you are able to pay the amount owed or able to negotiate to pay a portion of what you owe and settle the case, you'll need to also ask the Plaintiff to officially dismiss the case against you. Paying the debt does not automatically dismiss the case.

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California Notice to Debt Collector - Misrepresenting Someone as an Attorney