Iowa Complaint for Refusal to Pay Debt - Breach of Oral or Implied Contracts

State:
Multi-State
Control #:
US-01644BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

Refusal-to-pay letters are simple to write. The consumer only needs to send a letter to the debt collector stating something like ?I refuse to pay this debt? with the debt amount and account number listed for reference to eliminate confusion.

Iowa Code 537.7102(3) ?Debt? means an actual or alleged obligation arising out of a consumer credit transaction, consumer rental purchase agreement, or a transaction which would have been a consumer credit transaction either if a finance charge was made, if the obligation was not payable installments, if a lease was ...

Iowa Code Chapter 614 governs Iowa's statute of limitations for the collection of open accounts, written contracts, and judgments entered by the Court. In Iowa, the statute of limitations for unwritten contracts is five years, while the statute of limitations for written contracts is ten years.

If the debt is based on an unwritten contract (like many credit cards), the time limit is five years from the date of the last payment or charge on the card, whichever is more recent. If the debt is based on a written contract, the time limit is ten years from the date you made the last payment or broke the contract.

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.

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Iowa Complaint for Refusal to Pay Debt - Breach of Oral or Implied Contracts