Hawaii Notice of Violation of Fair Debt Act - Letter To Attorney Generals Office

State:
Multi-State
Control #:
US-DCPA-1
Format:
Word; 
Rich Text
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Description

This form is for use by debtors in unfair collection practice situations, a Notice of Violation of Fair Debt Act regarding a Letter to the Attorney General's Office. It is available in Word or Rich Text format.
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FAQ

If a debt collector doesn't send a debt validation letter, you should request one ? especially if you plan to dispute the debt and avoid the collections process. Collectors who don't send these letters could get in trouble with the Federal Trade Commission (FTC) if you file a complaint against them.

A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.

Your Right to a Validation of the Debt After receiving your request, the debt collector must provide you with information about the debt, including the amount owed and to whom it was owed. Collection activities must stop until they provide this information.

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

To further establish as evidence the date and fact that you sent the debt collector a DV letter, it's a good idea to have someone else mail your DV letter along with an "Affidavit of Mailing". This signed and notarized affidavit by a third party will firmly establish your evidence of mailing the DV letter.

While debt validation requests can be a useful tool, they are not effective at resolving the issue. In most cases, creditors and collection agencies are able to provide the necessary documentation to prove the validity of the debt.

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.

However, they're required to send a debt validation letter within five days of first contacting you. If you don't receive a debt validation letter within 10 days of initial contact, you can submit a complaint to the Consumer Financial Protection Bureau.

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Hawaii Notice of Violation of Fair Debt Act - Letter To Attorney Generals Office