Georgia Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt

State:
Multi-State
Control #:
US-DCPA-37
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 nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person.
  • Falsely representing or implying that the consumer committed any crime or other conduct in order to disgrace the consumer.

    For instance, a debt collector may not: falsely allege that the consumer committed fraud; or misrepresent the law (e.g., tell a consumer they committed a crime by issuing a check that was dishonored when the law in their state applies only where there is a "scheme to defraud).
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    FAQ

    Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

    Most debts in Georgia have a statute of limitations of four years, like medical debt, credit card debt and auto loans. Mortgages have a slightly longer statute of limitations of six years, and any debt you may owe to your state for tax purposes has a statute of limitations of seven years.

    Deceptive And Unfair Practices Calling you collect so that you have to pay to accept the call is an example of an unfair practice. Engaging in any practice that forces you to pay additional money other than the debt you owe is considered an FDCPA violation.

    If a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.

    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.

    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.

    Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.

    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.

    The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts.

    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.

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    Georgia Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt