Kansas Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt

State:
Multi-State
Control #:
US-DCPA-37
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:

  • Falsely representing or implying that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person.
  • Falsely representing or implying that the consumer committed any crime or other conduct in order to disgrace the consumer.

    For instance, a debt collector may not: falsely allege that the consumer committed fraud; or misrepresent the law (e.g., tell a consumer they committed a crime by issuing a check that was dishonored when the law in their state applies only where there is a "scheme to defraud).
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    FAQ

    Written agreement, contract or promise: 5 years. Expressed or implied but not written contracts, obligations or liabilities: 3 years. Talk to an experienced lawyer from SmithMarco, P.C. today for any further questions about Kansas statute of limitations.

    If you believe a debt collector has given you false, deceptive, or misleading information, you have several options:Submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).Contact the FTC , or your state's attorney general .More items...?

    In addition to the SOL on lawsuits, Kansas puts a five-year limit on enforcement actions after a court issues a judgment. The legal term the state applies to an expired judgment is "dormant," and creditors may apply for a renewal of a dormant judgment within 10 years of the judgment's original issue date.

    The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts.

    No. Debt collectors are prohibited from deceiving or misleading you while trying to collect a debt. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

    Yes, the FDCPA allows for legal action against certain collectors that don't comply with the rules in the law. If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector.

    You may be able to explain your situation and negotiate a payment plan. The creditor can reclaim the debt from the collector and you can work with them directly. However, there's no law requiring the original creditor to accept your proposal. Your best bet is to contact them as quickly as possible.

    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.

    The statute of limitations in Kansas is as follows: Mortgage debt: 5 years. Medical debt: 5 years. Credit card debt: 3 years.

    To remove the collection account from your credit report early, you can ask a company for a goodwill deletion, but there's no guarantee you'll receive forgiveness. If you have a collection account on your report that's inaccurate or incomplete, dispute it with each credit bureau that lists it on your credit report.

    More info

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    Kansas Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt