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.
North Carolina 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 that serves as a response from the defendants in a debt collection lawsuit in North Carolina. By crafting a detailed description of this document, we can provide a comprehensive understanding of its purpose and components. The provided content will include relevant keywords related to debt collection law and the Fair Debt Collection Practices Act (FD CPA). 1. Introduction: The North Carolina 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 the defendants, who are the individuals or entities accused of engaging in improper debt collection practices. This document marks their formal response to the allegations brought against them by the debtor. 2. Purpose: The purpose of filing this answer is to refute the debtor's claims and challenge the accusations of harassment, malicious intent, and violations of the FD CPA. It aims to defend the defendants' actions, establish a legal defense, and request the dismissal of the complaint or a favorable judgment. 3. Structure and Components: a) Caption and Parties: The document starts with a caption, which includes the court name, case number, names of the plaintiff (debtor) and defendants, and their respective addresses. The accurate identification of the parties involved is crucial to ensure proper legal procedure. b) Jurisdiction and Venue: The defendants assert that the court has jurisdiction over the case, meaning it has the authority to hear and decide on matters concerning debt collection in North Carolina. They may also address the appropriate venue, ensuring the case is being heard in the correct geographical location. c) Admissions, Denials, and Affirmative Defenses: In this section, the defendants answer each allegation made by the debtor in the complaint. They may admit or deny specific claims, providing detailed explanations for their response. Additionally, the defendants can raise affirmative defenses, which present legal justifications for their actions. Common affirmative defenses in debt collection cases may include lack of knowledge, statute of limitations, good faith actions, or exemption under state or federal law. d) Counterclaims or Cross-Complaints (if applicable): In certain instances, defendants may choose to file counterclaims or cross-complaints against the debtor. These documents address separate complaints against the plaintiff, asserting that the debtor has also violated their rights or acted unlawfully. Counterclaims or cross-complaints should be clearly stated and supported by relevant evidence. e) Prayer for Relief: At the end of the answer, defendants request specific relief from the court. This may include dismissing the complaint, denying the plaintiff's claims, awarding the defendants legal fees and costs, or any other appropriate relief according to the circumstances of the case. Keywords: North Carolina, Answer, Defendants, Complaint, Debtor, Harassment, Collect a Debt, Malicious Information, Federal Fair Debt Collection Practices Act, FD CPA, legal document, response, allegations, defense, dismissal, judgment, jurisdiction, venue, admissions, denials, affirmative defenses, counterclaims, cross-complaints, prayer for relief.
