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.
Maryland 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 alleging harassment, use of harassing and malicious information, and violation of the Federal Fair Debt Collection Practices Act in debt collection activities. This document aims to provide a detailed defense against the allegations made by the debtor. In this type of legal action, defendants in Maryland may utilize different variations or types of answers to the complaint. Some relevant keywords and variations that may be used in the Maryland Answer of Defendants are: 1. General Denial Answer: Defendants may issue a general denial, which generally denies each and every allegation made by the debtor in the complaint. This type of response requires the defendants to address each specific allegation individually. 2. Affirmative Defense Answer: Defendants may assert affirmative defenses to counter the claims made by the debtor. Examples of relevant affirmative defenses in this matter may include: — Lack of Standing: Defendants argue that they are not the legal owners or possessors of the debt and therefore cannot be held responsible for the alleged harassment and violations. — Violation of Statute of Limitations: Defendants may claim that the debtor's claim is time-barred under the applicable statute of limitations for debt collection. — Failure to State a Claim: Defendants assert that the debtor's complaint fails to state a legally recognizable cause of action. — Truth as a Defense: Defendants argue that the information provided in debt collection activities was not malicious or harassing but rather truthful and appropriate. 3. Counterclaim Answer: In some cases, defendants may choose to file a counterclaim against the debtor, asserting that they have suffered harm or damages as a result of the debtor's actions. This type of answer goes beyond merely denying the allegations and allows defendants to raise their own claims against the debtor. It is crucial to consult with a legal professional to determine the most appropriate response strategy and to ensure compliance with Maryland's specific legal requirements for answering a complaint involving harassment in debt collection.
