Illinois Notice to Debt Collector - Falsely Representing a Document's Authority

State:
Multi-State
Control #:
US-DCPA-39
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 using a document designed to falsely imply that it issued from a state or federal source or creates a false impression as to its source, authorization or approval.

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FAQ

You can sue a company for sending you to collections for a debt that you don't owe. If a debt collector starts calling you out of the blue, but you know perfectly well that you made the payment in question, the law gives you the right to file an action in court against the company.

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

Debt collection agencies don't have any special legal powers. They can't do anything different to the original creditor. Collection agencies will use letters and phone calls to contact you. They may contact by other means too, such as text or email.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

Honesty: Debt collectors cannot mislead you about who they are, how much money you owe or the legal repercussions of not paying your debt for instance, by threatening arrest. Challenging the debt: You have a right to dispute the debt.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

More info

An institution is not a debt collector under the FDCPA when it collects: ? Another's debts inlike or falsely represented to be documents authorized,.6 pagesMissing: Illinois ? Must include: Illinois An institution is not a debt collector under the FDCPA when it collects: ? Another's debts inlike or falsely represented to be documents authorized,. Unless the court orders otherwise, the debtor also must file with the court:and business affairs of the debtor sufficient to enable a creditor to make ...You should know that the Federal Fair Debt Collection Practices Act, the Illinois Collection Agency Act and the Illinois Consumer Fraud and Deceptive ... To defend a collections case relates to the burden of proof that the plaintiff/ creditor bears. Consequently, regardless of which party you are representing ... People sued for debts rarely have legal representation, but those who do tend to have better outcomes. Research on debt collection lawsuits from ... The portable document format (PDF) file is an exact electronic replica of theDebt collectors may not misrepresent who they are, falsely represent the ... Creditors usually hire debt collectors to go after theFor example, in Illinois, whereserver falsely claims to have served the notice of the. You can file a complaint with the FTC if you believe the debt collector never sent written notice. Most individuals complaining about ... Dodd-Frank Act section 1031 grants the Bureau authority to writeof any debt if the debt collector knows the consumer is represented by ... The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, ...

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Illinois Notice to Debt Collector - Falsely Representing a Document's Authority