The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes. The collector is restricted in the type of contact he can make with the debtor.
This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Hawaii Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House: A Hawaii Complaint by Debtor for Posting of Notices of Indebtedness in and Around Plaintiff's House refers to a legal action taken by a debtor residing in Hawaii who accuses a creditor or debt collector of intentionally causing mental distress by unlawfully posting notices of indebtedness in and around the plaintiff's property. This complaint alleges a violation of the Federal Fair Debt Collection Practices Act (FD CPA), which provides regulations on how debt collectors can interact with debtors. Key issues highlighted in this complaint may include: 1. Intentional Infliction of Mental Anguish: The debtor asserts that the creditor or debt collector intentionally caused severe emotional distress by publicly displaying notices of indebtedness, thus invading the debtor's privacy and causing humiliation and anxiety. 2. Violation of the Federal Fair Debt Collection Practices Act: The plaintiff claims that the defendant violated the FD CPA, a federal law that safeguards consumers from abusive and unfair debt collection practices. The plaintiff argues that the posting of notices infringes upon their rights under the FD CPA, as it is a prohibited action that can cause emotional distress to the debtor. Potential types or variations of this complaint may include: 1. Hawaii Complaint by Debtor For Unauthorized Posting of Notices of Indebtedness: This type of complaint emphasizes that the creditor or debt collector unlawfully posted notices without proper authorization or consent from the debtor, resulting in emotional distress. 2. Hawaii Complaint by Debtor For Persistent Posting of Notices of Indebtedness: This complaint focuses on the repeated posting of notices of indebtedness, highlighting the ongoing nature of the creditor's actions and the continuous mental anguish endured by the debtor. 3. Hawaii Complaint by Debtor For Public Display of Notices of Indebtedness: This variation emphasizes that the notices of indebtedness were publicly displayed, potentially causing additional embarrassment and anxiety for the debtor due to the exposure of personal financial matters. It is important to note that the specific details and allegations may vary depending on the circumstances of each case.
