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.
Kansas Answer of Defendants to 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 is a legal document filed by defendants in response to a complaint made by a debtor for alleged harassment in debt collection, use of harassing and malicious information, and violations of the Federal Fair Debt Collection Practices Act. This answer is specific to cases filed in the state of Kansas and provides a detailed defense against the allegations brought forth by the debtor. In their answer, defendants typically address each allegation raised in the debtor's complaint, ensuring that they respond in a clear and concise manner. They may present various types of defenses, such as denial of the alleged actions or providing justifications for their actions based on legal grounds. The content of the Kansas Answer of Defendants may vary depending on the specifics of the case, but generally includes the following: 1. Caption: The document begins with the name of the court, the case number, and the names of the parties involved in the lawsuit. 2. Introduction: Defendants provide a brief introduction stating that they are the named defendants in the complaint filed by the debtor. 3. Admissions and Denials: Defendants respond to each allegation made in the debtor's complaint, admitting or denying each specific claim. They may also state that they lack sufficient knowledge or information to admit or deny certain allegations, requiring the debtor to provide further evidence or clarification. 4. Affirmative Defenses: Defendants state any legal defenses they may have against the debtor's claims. This may include demonstrating that their actions were lawful, protected under specific provisions of the law, or are justified due to various circumstances. 5. Counterclaims or Cross-Claims (if applicable): Defendants may assert any counterclaims or cross-claims against the debtor if they believe they have legal grounds for doing so. These claims would be related to the original complaint or may address separate matters related to the debtor. 6. Prayer for Relief: Defendants conclude the answer by stating the relief they seek from the court. This may include dismissal of the debtor's complaint, termination of the legal proceedings, and any additional costs or damages sought. Specific keywords relevant to this content may include: Kansas, Answer of Defendants, Complaint by Debtor, Harassment, Collect a Debt, Harassing and Malicious Information, Violation, Federal Fair Debt Collection Practices Act, defense, allegations, denial, admissions, affirmative defenses, counterclaims, cross-claims, legal proceedings, relief, dismissal, costs, damages, court.
