Kansas Complaint By Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act

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Control #:
US-01422BG
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The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act also sets out strict rules regarding communicating with the debtor. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.


The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.


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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  • Preview Complaint By Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint By Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint By Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act

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FAQ

FDCPA ? Fair Debt Collection Practices Act Prohibits third-party debt collectors from employing deceptive or abusive conduct in the collection of consumer debts incurred for personal, family or household purposes. This Act does not pertain to financial institutions that collect debt that they originated.

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.

They can attempt to collect those debts, but they cannot sue you to collect them. Debt collectors can't lie to you to get you to pay immediately. For example, they can't threaten to sue you if they don't intend to sue you. Debt collectors have to hire an attorney to bring a lawsuit, and legal services are expensive.

6 Ways to Deal With Debt Collectors Check Your Credit Report. ... Make Sure the Debt Is Valid. ... Know the Statute of Limitations. ... Consider Negotiating. ... Try to Make the Payments You Owe. ... Send a Cease and Desist Letter.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

Report Harassment to Authorities Normally, a debt collection agency tries to abide by the law, but of course, there are times when they do not. Most agencies will cease the illegal activity and/or harassment after your letter (as they've become aware that you now realize your rights and the specific laws).

However, the Federal Trade Commission recently clarified the rules regarding collections, now clarifying that collectors cannot call you more than seven times within a seven-day period or within seven days of speaking to you about a debt.

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Kansas Complaint By Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act