Montana Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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Multi-State
Control #:
US-01421BG
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Word; 
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The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt. 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.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act

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FAQ

The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you. The FDCPA covers the collection of debts that are primarily for personal, family, or household purposes.

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.

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment, abuse, and other behavior intended to bully debtors. If a debt collector is violating the FDCPA in their attempts to collect money from you, you have the right to sue them.

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.

This is where we get our "7-in-7" concept. You can attempt to contact a consumer about 1 debt 7 times in 7 days. And it's the "1 debt" that's key here. Phone numbers do not matter; how many debts your agency has for the consumer does.

Falsely represent or imply that the consumer committed a crime or other conduct to disgrace the consumer. Communicate, or threaten to communicate, credit information that the debt collector knows or should know to be false, including not identifying disputed debts as such.

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Montana Complaint by Debtor For Posting of Notices of Indebtedness in and Around Plaintiff's House, Causing Intentional Infliction of Mental Anguish, and Violating the Federal Fair Debt Collection Practices Act