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.
Louisiana 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. In the state of Louisiana, debt collection practices are regulated under the Federal Fair Debt Collection Practices Act (FD CPA). Debtors who believe they have been subjected to harassment in the process of debt collection have the right to file a complaint against the collectors. The defendants, usually debt collectors or collection agencies, are required to submit an answer to the allegations made by the debtor. The Louisiana 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 serves as the defendants' response to the allegations of misconduct. It presents a detailed account of their side of the story and aims to defend against the debtor's claims. When drafting the answer, defendants typically focus on the following key points: 1. Admissions and Denials: Defendants will go through each allegation made by the debtor and admit or deny its accuracy. This step is essential for establishing their position on the specific issues raised in the complaint. 2. Affirmative Defenses: Defendants may include various affirmative defenses as allowed by the FD CPA. These defenses could include expiration of the statute of limitations, lack of personal jurisdiction, debtor consent, or any other legal justifications supporting their actions. 3. Counterclaims: In some cases, defendants might assert counterclaims against debtors, alleging their own damages caused by the debtor's actions or breach of contract. These counterclaims are meant to shift the focus onto the debtor's behavior and potentially balance the scales of the case. 4. Evidence: To support their answer, defendants may attach relevant documentation, communications with the debtor, or any other evidence that disproves the allegations or highlights information that can discredit the debtor's claims. 5. Request for Relief: Defendants can conclude their answer by stating the specific relief they seek from the court, such as a dismissal of the debtor's claim, reimbursement for legal costs incurred, or any other appropriate remedy. It is important to note that different types of Louisiana Answers 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 may arise based on the unique circumstances of each case. However, the general structure and key elements discussed above remain consistent throughout.
