Michigan Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices

State:
Multi-State
Control #:
US-DCPA-20
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 unfair or unconscionable means to collect a debt.

Examples of unfair practices include:

  • Collecting an amount not authorized by the agreement creating the debt or by law.
  • Soliciting a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
  • Depositing a postdated check prior to the date on the check.
  • Causing a person to incur charges for communications by concealing the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
  • Taking, or threatening to take, any nonjudicial action to enforce a security interest on property such as repossessing a consumer's property where (a) there is no present right to the collateral, (b) there is no present intent to exercise such rights, or (c) the property is exempt by law.
  • Communicating with a consumer regarding a debt by post card.
  • Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use their business name if such name does not indicate that they are in the debt collection business.

    Use this form to let a debt collector know you will not tolerate unfair practices.

    This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

    Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.

    Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

    The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

    Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

    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.

    7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

    The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

    The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

    Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

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    Michigan Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices