Hawaii Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

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US-DCPA-31
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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.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes:
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment.

    A debt collector may not shame a consumer into paying their debt by publicizing it.

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    FAQ

    Yes, but the collector must first sue you to get a court order called a garnishment that says it can take money from your paycheck to pay your debts. A collector also can seek a court order to take money from your bank account.

    No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

    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.

    If, within the 30-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original

    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.

    One is to report them to the Financial Consumer Protection Department of the BSP (i.e. email consumeraffairs@bsp.gov.ph or call 632-708-7087). Be sure to document all communications with your debt collectors including text messages and e-mails. If you can, record your conversation with their consent.

    For the most part, Hawaii allows creditors six years to collect what you owe after missing a payment. But if a court has determined you owe money such as in a lawsuit ruling that time extends to 10 years, and creditors can seek additional extensions.

    The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.

    If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages and attorney fees.

    In California, the statute of limitations on most debts is four years. With some limited exceptions, creditors and debt buyers can't sue to collect debt that is more than four years old. When the debt is based on a verbal agreement, that time is reduced to two years.

    More info

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    Hawaii Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment