North Carolina Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing or Implying that Documents are Legal Process

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Control #:
US-DCPA-19.16BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(13) The false representation or implication that documents are legal process."

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FAQ

Keep in mind that disputing the validity of a debt does not mean you are refusing to pay. Rather, the collection agency must provide proof that you are legally obligated to pay the money to it. If the collection agency cannot provide this information, you are under no legal obligation to pay them.

If a credit bureau has made a mistake on your report if you don't recognize the account or a paid account shows as unpaid, for example gather documentation supporting your case. Then, file a dispute by using the credit bureau's online process, by phone or by mail. The bureau has 30 days to respond.

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

Do Debt Validation Letters really work? Yes, they do. When a debt collector receives a Debt Validation Letter, they are legally required to provide validation of the debt. Debt Validation Letter's work best when they include a cease and desist clause that forces a lawsuit.

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

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.

Step 1: Write the LetterDon't contact me except to validate the debt.Report to the credit bureaus that the debt is disputed.Provide all of this information. Proof I owe the debt. The amount of the debt.If you validate the debt, cease contacting me for any reason other than to tell me you're suing me.

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

More info

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North Carolina Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing or Implying that Documents are Legal Process