Connecticut Notice to Debt Collector - Falsely Representing Documents are Not Legal Process or Do Not Require Action

State:
Multi-State
Control #:
US-DCPA-41
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 documents are not legal process forms or do not require action by the consumer.

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FAQ

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 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).

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

Does a Debt Collector Have to Show Proof of a Debt? Yes, debt collectors do have to show proof of a debt if you ask them. Make sure you understand your rights under credit collection laws.

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.

You can sue a company for sending you to collections for a debt that you don't owe. If a debt collector starts calling you out of the blue, but you know perfectly well that you made the payment in question, the law gives you the right to file an action in court against the company.

The FDCPA does not cover business debts. It also does not generally cover collection by the original creditor to whom you first became indebted. Under the FDCPA, debt collectors include collection agencies, debt buyers, and lawyers who regularly collect debts as part of their business.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.16 Sept 2020

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

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Connecticut Notice to Debt Collector - Falsely Representing Documents are Not Legal Process or Do Not Require Action