Petitioner states that he/she did not receive the required notice under the Fair Debt Collection Act. Petitioner also requests that all foreclosure actions cease until the proper notice is provided stating his/her rights.
Indiana Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
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How to fill out Letter To Foreclosure Attorney - Fair Debt Collection - Failure To Provide Notice?
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Section 809(a) provides, in pertinent part, that a debt collector must, within the first five days after the initial communication with the debtor, provide a written notice containing specific information including the amount of the debt, the debtor's right to dispute the validity of the debt in writing within 30 days, ...
If a debt collector attempts to collect a debt from you that you don't owe, the debt collector has violated the FDCPA. Even if the debt collector attempts to collect the wrong amount from you, like charging you a fee that you don't owe or too high an interest rate, it is a violation of the FDCPA.
Specifically, Indiana law prohibits debt collectors from making false or deceptive statements, communicating with third parties about the debt, or threatening to take illegal action. Indiana law also protects the wages of consumers from garnishment.
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.
This is where we get our "7-in-7" concept. You can attempt to contact a consumer about 1 debt 7 times in 7 days. And it's the "1 debt" that's key here. Phone numbers do not matter; how many debts your agency has for the consumer does.
To Whom it May Concern: With this letter I hereby request that you CEASE and DESIST any and all telephone calls. Please put any attempts to collect on the above referenced account in writing.
The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.
Statute of Limitations in Indiana If the collection agency does not file within the time frame, the consumer can no longer be sued for that specific debt. In Indiana, the statute of limitations is six years and begins on the date of the last payment on an account.
