Massachusetts Notice to Debt Collector - Posing Lengthy Series of Questions or Comments

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Multi-State
Control #:
US-DCPA-30
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Word; 
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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.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes posing a lengthy series of questions or comments to the consumer without giving the consumer a chance to reply.
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FAQ

One of the best ways to win a debt lawsuit is to challenge the debt collector's right to sue you. This is because most often once a debt collection lawsuit has reached this point it has typically be sold a few times. This means that the debt collector may not be able to prove that you owe the debt.

Top 7 Debt Collector Scare TacticsExcessive Amount of Calls.Threatening Wage Garnishment.Stating You Have a Deadline.Collecting Old Debts.Pushing You to Pay Your Debt to Improve Your Credit ScoreStating They Do Not Need to Prove Your Debt ExistsSharing Your Debt With Family and Friends.

You only need to say a few things:This is not a good time. Please call back at 6.I don't believe I owe this debt. Can you send information on it?I prefer to pay the original creditor. Give me your address so I can send you a cease and desist letter.My employer does not allow me to take these calls at work.

3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex.Bank Account Information.Credit Card Number.Social Security Number.

Debt collectors have a reputationin some cases a well-deserved onefor being obnoxious, rude, and even scary while trying to get borrowers to pay up. The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law.

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

Here are five illegal tactics used by unethical debt collectors:Pretending to be someone else. Debt collectors have to identify themselves and who they work for.Making threats. It's illegal to threaten anyone to try to get them to pay a debt.Contacting third parties.Calling at odd hours.Harassment.

Making Threats. Debt collectors sometimes use threats to pressure people into paying a debt.Calling Neighbors and Family Members.Pretending to Be a Debt Collector.Making Harassing Phone Calls.Calling When You're Represented by an Attorney.

If you choose not to speak with a debt collector over the phone or in writing about a debt, collection activity can still take place. You continue to run the risk of fees and finance charges, as well as being sued or the debt being reported as delinquent to the credit reporting companies.

Massachusetts laws "The statute of limitations for consumer-related debt is six years. This period applies to credit card debt and oral and written contracts. However, if the debt collector has obtained a judgment against the debtor, the statute of limitations extends to 20 years."

More info

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Massachusetts Notice to Debt Collector - Posing Lengthy Series of Questions or Comments